Bhola Burnwal vs State Of Jharkhand `

Anubha Rawat Choudhary, J

Counsel for the petitioner and State are present.

This criminal revision has been filed against the order dated 31.07.2020 passed in Criminal Appeal No. 185/18 by the learned court of Additional Sessions Judge-III, Bermo at Tenughat, whereby the judgment dated 09.10.2018, passed by the learned Judicial Magistrate,

1 st Class, Bermo at Tenughat wherein the petitioner is sentenced to undergo R.I. for two years and a compensation amount of Rs. 15,20,000/- for the offence committed under Section 138 of the N.I. Act, in connection with Complaint Case No. 504 of 2016, T.R. No. 44 of 2018 for the alleged offence under Section 138 of the N.I. Act was interfered to the extent that the petitioner shall undergo 1-year simple imprisonment and also undergo three months S.I. in default of payment of compensation amount.

I.A. No. 9977 of 2024

The learned counsel for the petitioner submits that I.A. No. 9977 of 2024 has been filed with the prayer for bail. He submits that the petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act. The petitioner is in custody since 24.04.2024. He submits that the record be called for, notice be issued and petitioner be enlarged on bail. He submits that the courts have not properly considered the evidences on record and no case is made out against the petitioner.

Considering the submissions, I.A. No. 9977 of 2024 is hereby allowed and the petitioner is directed to be released on bail, during pendency of this criminal revision, on furnishing bail-bonds of Rs. 25,000/-(Rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Bermo at Tenughat, in connection with C.P. Case No. 504 of 2016, corresponding to T.R. No. 44 of 2018, subject to following conditions:

(i) One of the bailors should be close relative of the petitioner.

(ii) The petitioner shall deposit a self-attested copy of his Aadhar Card along with his Mobile Numbers which he shall not change during the pendency of this case.

I.A. No. 9977 of 2024 stands disposed of.

Let notice be issued to the opposite party No. 2 under speed post as well as ordinary process for which Requisites etc. must be filed by 27.09.2024.

Office to track speed post-delivery and prepare appropriate office note regarding the service of notice.

Let the records be called for from the concerned court.

Post this case on 23.10.2024 for ‘Final Disposal’.

Let this order be communicated to the court concerned through FAX.