Rashid Yusuf vs The State Of Jharkhand
2025 Latest Caselaw 23 Jhar

Jharkhand High Court

Rashid Yusuf vs The State Of Jharkhand on 1 May, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

IN THE HIGH COURT OF JHARKHAND AT RANCHI
          Cr. Revision No. 317 of 2024
Rashid Yusuf                        ...... Petitioner
                         Versus
1.The State of Jharkhand
2. Rajeshwar Pandey                     .......       Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner    : Mr. A.K. Rashidi, Advocate
For the State         : Mr. Shashi Kumar Verma, APP
For the O.P. No.2     : None
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              st
06/Dated:01 May, 2025
I.A. No.3510 of 2024

This Criminal Revision Application has been filed on behalf of the petitioner by challenging the judgment dated 06.02.2024 passed by Sri Akhilesh Kumar Tiwari, learned District and Additional Sessions Judge-I, Lohardaga in Cr. Appeal No.40 of 2022 by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 15.10.2022 passed by Ms. Puja Kumari Lal, learned Judicial Magistrate, 1st Class, Lohardaga in Complaint Case No.284 of 2019 (T.R No.507/2022) by which the petitioner has been convicted for the offence under Section 138 of the N.I. Act and sentenced to undergo R.I for two (02) years and to pay Rs.3,80,000/- as compensation in favour of the complainant under Section 357(3) Cr.P.C.

2. Heard Mr. A.K. Rashidi, learned counsel for the petitioner and learned APP for the State.

3. I.A. No.3510 of 2024 has been filed on behalf of the petitioner for suspension of sentence and for grant of bail to the petitioner, during pendency of the present Criminal Revision Application.

4. Learned counsel for the petitioner submitted that the impugned judgments and sentence passed by the learned Courts

below are illegal, arbitrary and not sustainable in the eye of law. It has been submitted that the petitioner has not taken any amount from the complainant. It has been submitted that the petitioner had surrendered before the Court below on 19.03.2024 and he has remained in custody for more than thirteen (13) months hence, the petitioner may be enlarged on bail.

5. On the other hand, learned APP for the State has opposed the prayer for bail. It has been submitted that the petitioner had issued post dated cheques in favour of the O.P. No.2 in discharge of his debt and cheque had bounced and hence prayer for bail may be rejected.

6. Having heard learned counsel for both the sides and on going through the records, it appears that petitioner is said to have taken loan of Rs.3,50,000/- in cash, in course of business transaction.

7. It also appears that despite receipt of notice by the daughter in-law of the O.P. No.2, O.P. No.2 has not appeared.

8. It appears that petitioner is in custody since 19.03.2024 i.e. for more than thirteen (13) months.

9. Considering the custody of the petitioner and on the facts and in the circumstances of this case, the petitioner namely, Rashid Yusuf is directed to be released on bail, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand only) with two sureties of the like amount each, to the satisfaction of Ms.. Puja Kumari Lal, learned Judicial Magistrate, 1st Class, Lohardaga/ or her Successor Court, in Complaint Case No.284 of 2019 (T.R No.507/2022).

10. I.A. No.3510 of 2024 is allowed and stands disposed of.

11. Put up this case after six weeks.

(Sanjay Prasad, J.) Saket/-