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2025 DIGILAW 1374 (JHR)

Rajendra Soren, S/o Mahadev Soren v. State of Jharkhand

2025-05-09

SANJAY PRASAD

body2025
JUDGMENT : (SANJAY PRASAD, J.) I.A. No. 5233 of 2025 I.A. No. 5233 of 2025 has been filed under Section 5 of the Limitation Act for condoning the delay of 212 days in filing the instant Cr. Revision No. 459 of 2025. 2. Heard learned counsel for the petitioner and learned counsel for the State. 3. It has been submitted by the learned counsel for the petitioner that there is delay of 212 days in filing the Cr. Revision No. 459 of 2025. It is submitted that the petitioner is a poor person. It is submitted that the petitioner was not aware regarding the dismissal of the Criminal Appeal No. 34 of 2023 vide judgment 05.06.2024 and he was arrested on 27.02.2025, then he came to know about the impugned judgment and thereafter the petitioner has filed the present Criminal Revision Application after delay of 212 days and as such, delay of 212 days in preferring the instant Criminal Revision Application may be condoned. 4. Learned counsel for the State has opposed the prayer and has submitted that reasons assigned by the petitioner is not sufficient and prayer for delay may be rejected. 5. Having heard learned counsel for both the sides and also -in view of the averments made in para 4 to 8 of the instant I.A. No. 5233 of 2025 and taking lenient view, the delay of 212 days in preferring the instant Cr. Revision No. 459 of 2025 is, hereby, condoned. 6. Thus, I.A. No. 5233 of 2025 is allowed and stands disposed of. I. A. No. 4251 of 2025 7. The present Criminal Revision No. 459 of 2025 has been filed on behalf of the petitioner challenging the judgment dated 05.06.2024 passed in Criminal Appeal No. 34 of 2023 by Sri Radha Krishan, learned Principal Sessions Judge, Jamtara whereby the learned Principal Sessions Judge, Jamtara has dismissed the Criminal Appeal No. 34 of 2023 by affirming the judgment of conviction and order of sentence dated 03.10.2023 - passed by Ms. Khushboo Tyagi, learned Sub Divisional Judicial Magistrate, Jamtara in connection with P.C.R. Case No. 155 of 2020 by which the petitioner has been convicted for the offence under Section 138 of the Negotiable Instrument Act and sentenced to undergo S.I. for a period of three (3) months and to - pay total amount of Rs. Khushboo Tyagi, learned Sub Divisional Judicial Magistrate, Jamtara in connection with P.C.R. Case No. 155 of 2020 by which the petitioner has been convicted for the offence under Section 138 of the Negotiable Instrument Act and sentenced to undergo S.I. for a period of three (3) months and to - pay total amount of Rs. 40,000/ to the complainant by way of compensation under Section 357(3) of the Cr. P. C. and Rs. 2,000/- as fine total amounting to Rs. 42,000/- 8. I. A. No. 4251 of 2025 has been filed on behalf of the petitioner for grant of bail, during pendency of the Criminal Revision Application. 9. Heard learned counsel for the petitioner and learned counsel for the State. 10. It is submitted by the learned counsel for the petitioner that the impugned judgments and order passed by the learned Courts below are illegal, arbitrary and not sustainable in the eyes of law. It is submitted that the petitioner is a poor person and this case of taking loan of Rs. 50,000/- and for which he has been sentenced to undergo S.I. for a period of three (3) months under Section 138 of the N. I. Act and to pay fine of Rs. 42,000/-. It is submitted that the petitioner is in custody since 27.02.2025 i.e. around two and half months and as such, the petitioner may be enlarged on bail. 11. Learned counsel for the State has opposed the prayer for bail. 12. It appears that the complainant has filed the present case on the ground that the petitioner had taken Rs. 50,000/- on credit and had promised to return the same within one year and issued a post dated cheque dated 24.01.2020 of Rs. 50,000/- . It appears that the petitioner is in custody since 27.02.2025 i.e. around two and half months. 13. Considering on the facts and in the circumstances of the case, during pendency of this Criminal Revision Application, the petitioner namely Rajendra Soren is directed to be released on provisional bail for a period of six months from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Ms. Khushboo Tyagi, learned Sub Divisional Judicial Magistrate, Jamtara/or her Successor Court in connection with P.C.R. Case No. 155 of 2020. 14. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Ms. Khushboo Tyagi, learned Sub Divisional Judicial Magistrate, Jamtara/or her Successor Court in connection with P.C.R. Case No. 155 of 2020. 14. Thus, I. A. No. 4251 of 2025 is allowed and stands disposed of. Cr. Rev. No. 459 of 2025 15. Issue notice to the opposite party no. 2 under registered cover with A/D and ordinary process and for which requisites etc. must be filed within one week after Summer Vacation, 2025. 16. Call for the scanned copy of the Lower Court Records. 17. Put up this case on 22.07.2025.