Citation : 2025 Latest Caselaw 6483 Jhar
Judgement Date : 15 October, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 986 of 2025
Ritesh Kumar Tiwary, aged about 42 years, son of
Late Sitaram Tiwary, resident of village- Chatti,
P.S.-Satbarwa, P.O. Jhabar, District Palamau,
(Jharkhand).
..... ... Petitioner
Versus
1. The State of Jharkhand.
2. Sunil Pawan, son of Shyam Bihari Ram,
resident of village Kajru,. P.O. and P.S. Pandu,
District Palamau, (Jharkhand).
..... ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Ms. Piyushita Meha Tudu, Advocate.
: Mr. Ram Kinkar, Advocate.
For the State : Mr. Suraj Deo Munda, A.P.P.
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04/ 15.10.2025 Learned counsel appearing for the petitioner submits this
revision petition has been preferred against the judgment dated 16.06.2025, passed in Criminal Appeal No. 01 of 2025 by the learned Sessions Judge, Palamau, whereby the learned appellate court has dismissed the appeal of the petitioner and affirmed the judgment of conviction and order of sentence dated 09.12.2024 passed by the learned Judicial Magistrate, 1st Class, Palamau, in connection with Complaint Case No. 2519 of 2022, by which, the petitioner was held guilty for the offence under Section 138 of NI Act and sentenced to undergo simple imprisonment for three months and also to pay a fine of Rs. 7,00,000/- and in default of payment, the petitioner is further directed to undergo simple imprisonment for six months.
2. Learned counsel appearing for the petitioner submits that for grant of regular bail during the pendency of this petition, I.A. No. 13079 of 2025 has been filed. She submits that the petitioner is in judicial custody since 05.08.2025 and on instruction, she submits that the petitioner is ready to pay a sum of Rs. 1,00,000/- for granting bail to the complainant / O.P. No. 2 in the form of Demand Draft to the O.P. No. 2 or
to deposit the same before the learned court. She further submits that earlier the matter was sent for mediation, wherein certain terms and conditions are made between the petitioner and the complainant/O.P. No.
2. On these grounds she submits that the petitioner may kindly be released on regular bail.
3. Learned A.P.P. appearing for the State submits that the matter is arising out of Section 138 of the NI Act.
4. It transpires that the petitioner is in judicial custody since 05.08.2025 and accepting the submission of learned counsel appearing for the petitioner that the petitioner is ready to pay Rs. 1,00,000/- in the form of Demand Draft to the complainant / O.P. No. 2 or to deposit the same before the learned court at the time of furnishing the bail bond, the petitioner, named above, is directed to be released on regular bail subject to payment of Rs. 1,00,000/- as submitted, during the pendency of this petition, on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Palamau, in connection with Complaint Case No. 2519 of 2022.
5. The aforementioned I.A. is allowed and disposed of.
6. Let notice be issued to O.P. No. 2 through registered cover
with A/D as also by ordinary process, for which, requisites etc. must be
filed within one week after Diwali vacation.
7. In the meantime, call for the Trial Court Records.
(Sanjay Kumar Dwivedi, J.) Dated:-15.10.2025 Amitesh/-
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