Jharkhand High Court
Smt. Sarabjeet Kaur @ Sarabjeet Kaur vs The State Of Jharkhand on 8 May, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision (Filing) No. 833 of 2025
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Smt. Sarabjeet Kaur @ Sarabjeet Kaur ...... Petitioner
Versus
1. The State of Jharkhand
2. Smt. Chandrika Devi ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Rajesh Kumar, Advocate
For the State : Mr. Pankaj Kumar, P. P.
Mr. Shiv Shankar Kumar, A. P. P.
For the O. P. No. 2 : Mr. Vikash Kumar, Advocate
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07/08.05.2025 Heard learned counsel for the petitioner and learned
counsel for the State and learned counsel for the opposite party
no. 2.
2. Pursuant to the order dated 05.05.2025 passed by this
Court, Sri Kishore Kaushal, Senior Superintendent of Police,
Jamshedpur is present in Court today.
3. Mr. Pankaj Kumar, learned P. P. has submitted that the
Office In-charge shall remain careful in future and make an
enquiry and he will enquire the other persons in due course with
the help of the other police officials.
4. Sri Kishore Kaushal, Senior Superintendent of Police,
Jamshedpur has informed that Some Police Officials will also
look into the matter and will take appropriate steps, if such
schemes are being run in the district of Jamshedpur. Senior
Superintendent of Police, Jamshedpur has further submitted that
he will likely to form a S.I.T. for investigating into such things
and he ensures that such things may not happen in future also.
5. Under the circumstances, personal appearance of
Sri Kishore Kaushal, Senior Superintendent of Police,
Jamshedpur is dispensed with for the present.
6. Officer In-charge of the concerned police station shall
remain careful in future and will make proper enquiry.
7. Learned counsel for the petitioner has submitted that
he is not pressing the I. A No. 2220 of 2025 as it has become
infructuous.
8. Accordingly, I. A No. 2220 of 2025 is dismissed as
infructuous and as not pressed for.
9. The present Cr. Revision (Filing) No. 833 of 2025 has
been filed on behalf of the petitioner challenging the judgment
dated 12.12.2024 passed in Criminal Appeal No. 65 of 2023 by
Shri Abhas Verma, learned Additional Sessions Judge-II,
Jamshedpur whereby learned Additional Sessions Judge-II,
Jamshedpur has dismissed the appeal by affirming the judgment
of conviction and order of sentence dated 18.03.2023 passed by
Sri Pawan Kumar No. 2, learned Judicial Magistrate, 1st Class,
Jamshedpur in connection with Complaint Case No. 1293 of
2021 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 a period of six (6) months and further directed to pay
Rs. 3,25,000/- to the complainant as compensation under Section
357 (3) of the Cr. P. C.
10. I. A. No. 3463 of 2025 has been filed on behalf of the
petitioner for grant of bail, during pendency of this Criminal
Revision Application.
11. Heard learned counsel for the petitioner and learned
counsel for the State and learned counsel for the opposite party
no. 2.
12. It is submitted by the learned counsel for the petitioner
that the impugned judgments and order of sentence passed by the
learned Courts below are illegal, arbitrary and not sustainable in
the eyes of law. It is submitted that the petitioner has been falsely
implicated in this case by the opposite party no. 2 as the opposite
party no. 2 was running chit fund scheme and the petitioner was
allured to play as a member and as a return, sometimes she was
paid. It is further submitted that in course of said chit fund
scheme run by opposite party no. 2, she had given one blank
cheque for the purpose of security and later on dispute when
arose, then the complainant filed the present case and hence,
provision of Section 138 of the N. I. Act will not apply in this
case and the petitioner is ready to contest the case on merit also.
It is submitted that the petitioner is a lady and is in custody since
03.03.2025 and hence, the petitioner may be enlarged on bail.
13. On the other hand, learned counsel for the State has
opposed the prayer for bail and has submitted that the petitioner
has issued cheque of Rs. 3,00,000/- to the complainant-opposite
party no. 2 and as such, no illegality has been committed by the
learned Courts below while passing the impugned judgments and
sentence.
14. Learned counsel for the opposite party no. 2 has also
opposed the prayer for bail and has submitted that the petitioner
has issued cheque to the opposite party no. 2 in the year 2021. It
is further submitted that the petitioner has given Rs. 3,00,000/- to
the opposite party no. 2 on the eve of marriage of the daughter of
the petitioner, however, the same has not been returned. It is
further submitted that on demand, the petitioner had issued
cheque of Rs. 3,00,000/- in the year 2021. It is submitted that the
complainant has fully supported the case. It is further submitted
that the husband of the petitioner is also an accused in a case of
cheque bounce filed by the another complainant. It is submitted
that the opposite party no. 2 has fully proved her case and has
sent legal notice and hence prayer for bail may be rejected.
15. Heard learned counsel for both the sides.
16. It appears that the opposite party no. 2 is said to have
given friendly loan of Rs. 3,00,000/- to the petitioner in the year
2018. However, it appears from the D.W.-1, Narinder Kaur,
examined on behalf of the petitioner, has stated that the opposite
party no. 2 is running chit fund scheme and she has taken several
cheques from the members by way of Security, who have been
added in the scheme.
17. It appears that a chit fund scheme was being run by the
opposite party no. 2 and as such, the matter is likely to be
enquired by the Senior Superintendent of Police, Jamshedpur.
18. It appears that the petitioner is in custody 03.03.2025.
19. Considering the facts and in the circumstances of the
case and considering the custody of the petitioner, during
pendency of this Criminal Revision Application, the petitioner
namely Smt. Sarabjeet Kaur @ Sarabjeet Kaur is directed to be
released on bail, on furnishing bail bond of Rs. 10,000/- (Ten
thousand only) with two sureties of the like amount each to the
satisfaction of Sri Pawan Kumar No. 2, learned Judicial
Magistrate, 1st Class, Jamshedpur/or his Successor Court in
connection with C/1 Case No. 1293 of 2021.
20. Thus, I. A. No. 3463 of 2025 is allowed and stands
disposed of.
Cr. Revision (Filing) No. 833 of 2025
21. Put up this case after six weeks.
(Sanjay Prasad, J.)
Kamlesh/
