Sanjay Mishra vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

I.A. No.15828 of 2025 has been filed for condonation of delay of 363 days.

The learned counsel for the petitioner submits that the appeal has been preferred by the petitioner before the learned Sessions Judge which has been dismissed for default and the petitioner was not informed and in view of that the said delay has occurred.

Learned counsel for the respondent State submits that it appears that the appeal was dismissed in default.

For the reasons assigned the delay in filing the criminal revision is hereby condoned and the instant I.A filed for condonation of delay is hereby disposed of.

This criminal revision petition has been preferred against the judgment dated 21.8.2024 passed by learned Judicial Commissioner, Ranchi, in Criminal Appeal No.233 of 2024 whereby the learned appellate court has been pleased to dismiss the appeal and confirmed the judgment of conviction and order of sentence dated 18.5.2024 passed by learned Judicial Magistrate, First Class, Ranchi, in connection with Complaint Case No.2502 of 2018, by which the petitioner has been convicted for the offence under section 138 of the Negotiable Instrument Act and sentenced to undergo SI for one year and fine of Rs.6,50,000/-and in case of default of payment of fine, further to undergo SI for six months.

Learned counsel for the petitioner submits that I.A. No.15402 of 2025 has been filed for release of the petitioner on bail. He next submits that Rs.35,000/- has already been paid to the complainant in course of the trial in the mediation. He next submits that the matter was also settled between the petitioner and the complainant and a lumpsum amount of Rs.3,45,000/- was directed to pay, however, the petitioner has not been able to arrange the money, and in view of that, the settlement was not complete. He next submits that the petitioner is in custody since 13.11.2025 and he has got instruction that the petitioner is ready to deposit Rs. One lac for the purpose of bail.

Learned counsel for the respondent State submits that the allegations are there.

In view of above submission of the learned counsels for the petitioner and considering that the petitioner has already paid Rs.35,000/- and further he is ready to pay Rs.one lac to the complainant and the petitioner has remained in custody for one month and matter is arising out of Negotiable Instrument Act, and in that view of the matter, the petitioner is directed to be released on bail subject to the condition that at the time of furnishing bail bond, a bank draft of Rs.one lac will be deposited in the name of Shamima Khatoon who is wife of the complainant and the learned court on verification will hand over the said amount to the wife of the complainant namely, Shamima Khatoon.

In view of above, I am inclined to grant bail to the petitioner. Accordingly, petitioner above named is hereby directed to be released on bail, during pendency of this Criminal Revision petition, on furnishing of bail bond of Rs.25,000/- (Twenty Five Thousand) only with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, First Class, Ranchi, in connection with Complaint Case No.2502 of 2018, with further condition that one of the bailors must be a close relative of the petitioner.

The instant I.A. filed for grant of bail to petitioner is allowed and disposed of.

Call for the scanned copy of the trial court records.

Issue notice upon the O.P.No.2 by speed post as well as under ordinary process for which requisites etc must be filed within a week.