Citation : 2025 Latest Caselaw 131 Jhar
Judgement Date : 5 May, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 330 of 2025
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Ram Kumar Bhagat ......Petitioner
Versus
1. The State of Jharkhand
2. Ashamani Kujur .......Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Arvind Prajapati, Advocate For the State : Mr. Achinto Sen, A.P.P
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Order No: 03/ Dated: 05.05.2025 It appears from the office note dated 03.05.2025 that
un-served registered cover sent to the O.P No.2 has not been
received by the office.
2. It also appears the O.P No. 2 has not appeared. Though,
notice was issued to the O.P No. 2 vide order dated 04.04.2025
passed by this Court.
3. Learned counsel for the petitioner seeks permission to
incorporate the date of custody in Para-13 of I.A No. 6125 of
2025, which is allowed.
4. Learned counsel for the petitioner has submitted that the
petitioner is ready to deposit 50% of the cheque amount out of
Rs. 2,00,000/-for the present and he is also ready to settle the
dispute with the O.P No.2.
5. This Criminal Revision has been filed on behalf of the
petitioner by challenging the Judgment dated 27.09.2024 passed in
Criminal Appeal No. 110 of 2023 by learned Additional Sessions
Judge-II, Lohardaga by which the appeal filed by the petitioner
has been dismissed thereby, affirming the judgment of conviction
and order of sentence dated 30.11.2023 passed by learned
Sub-Divisional Judicial Magistrate, Lohardaga in connection with
Complaint Case No. 566 of 2018 by which the petitioner has been
convicted for the offence under Section 138 of the N.I Act and
sentenced to undergo S.I for one (01) year and to pay
compensation amount of Rs. 3,00,000/-.
6. I.A No. 6125 of 2025 has been filed on behalf of the
petitioner for suspension of sentence and for grant of bail during
the pendency of this Criminal Revision Application.
7. Learned counsel for the petitioner has submitted that the
impugned judgments and order of sentence passed by the learned
Courts below are illegal, arbitrary and not sustainable in the eye of
law. It is submitted that the petitioner is ready to pay
Rs. 1,00,000/- out of cheque amount of Rs. 2,00,000/- for the
present and the petitioner is also ready to settle the dispute with
O.P No. 2. It is submitted that the petitioner is in custody since
27.02.2025 and hence, the petitioner may be enlarged on bail.
8. On the other hand, learned counsel for the State has
opposed the prayer for bail.
9. Having heard learned counsel for both the sides and in
view of the fact that the petitioner is ready to deposit 50% of the
cheque amount i.e. Rs. 1,00,000/- to the O.P No.2, the petitioner
namely Ram Kumar Bhagat is directed to be released on
Provisional Bail for a period of six (06) months on furnishing bail
bonds of Rs. 10,000/- with two surities of the like amount each to
the satisfaction of Shri Raj Kalyan, learned Sub-Divisional
Judicial Magistrate, Lohardaga/or his successor Court in
connection with Complaint Case No. 566 of 2018.
10. Thus, I.A No. 6125 of 2025 is allowed and stands
disposed of.
11. Put up this case on 9th July 2025 awaiting appearance of
O.P No. 2.
(Sanjay Prasad, J.) Avinash/
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