Anil Prasad vs State Of Jharkhand And Ors

Heard Mr. Manoj Kumar Sinha, learned counsel appearing on behalf of the petitioner.

Heard Ms. Nehala Sharmin, learned counsel appearing on behalf of the opposite party State.

This revision application is directed against the judgement dated 28.06.2019 passed by the learned Additional Sessions Judge - XIV, Hazaribag, in Cr. Appeal No.71 of 2018, whereby the criminal appeal preferred by the petitioner has been dismissed by affirming the judgment of conviction and order of sentence dated 04.04.2018 passed by the learned Judicial Magistrate, 1st Class, Hazaribag, in Complaint Case No.2466 of 2013 / T.R. No. 0439 of 2018, whereby the petitioner has been held guilty for the offence under Section 138 of N.I. Act and thereby sentenced him to undergo R.I. for 3 months and to pay compensation of Rs.5,80,000/- to the opposite party no.2 under Section 357 (3) of the Cr.P.C.

Learned counsel for the petitioner submits that one interlocutory application dated 30.04.2020 (without number) has been filed on behalf of the petitioner, with a prayer for modification of order dated 19.03.2020 passed in this case for extension of provisional bail of the petitioner and also to extend the date of deposit of rest of the fine amount as mentioned in the said order. The learned counsel submits that as per the order dated 19.03.2020, the first installment of Rs.1,00,000/- (One lakh) was deposited but the remaining amount could not be deposited by the petitioner which was directed to be deposited prior to 30.04.2020.

learned counsel for the petitioner submits that he has taken instruction and the petitioner is ready to deposit the remaining amount of Rs.4,80,000/- in monthly installments of Rs.1,00,000/- each and he submits that the first installment will be deposited prior to 3rd June, 2020. He submits that considering the situation arises out of COVID - 19 pandemic, the provisional bail of the petitioner be extended and the payment in installment may be accepted and the order dated 19.03.2020 be modified.

Learned counsel appearing on behalf of the opposite party State submits that pursuant to order dated 19.03.2020, the petitioner was also directed to file requisite for service of notice upon opposite party no.2 in I.A. No.2585 of 2020 as well as in the main petition, both under registered cover with A/D as well as by ordinary process but the requisites have not been filed so far.

Upon this, the learned counsel for the petitioner undertakes to file the requisites for service of notice upon opposite party no. 2 by 05.05.2020.

After hearing the learned counsel for the parties and considering the facts and circumstances of this case, the order dated 19.03.2020 is hereby modified and the petitioner is permitted to file the requisite for service of notice upon opposite party no.2 latest by 06.05.2020.

So far as the extension of provisional bail is concerned, the order dated 19.03.2020 is hereby modified, and the provisional bail is hereby extended upon following conditions:

The petitioner would deposit the remaining amount as follows:

Before 3rd June, 2020

Rs.1,00,000/-

Before 3rd July, 2020

Rs.1,00,000/-

Before 3rd August, 2020

Rs.1,00,000/-

Before 3rd September, 2020

Rs.1,00,000/-

Before 3rd October, 2020

Rs.80,000/-

If the petitioner fails to deposit any of the instalments as fixed above, the bail bonds of the petitioner will immediately be cancelled by the learned court below.

The provisional bail of the petitioner is extended till 21.10.2020.

Post this case on 21.10.2020.

Office is directed to send a reminder to the learned court below for sending the lower court records.

Let this order be communicated to the learned court below through FAX.