- (1.) THIS criminal revision shall be heard. Call for the Lower Court Records of C.P. Case No.1070 of 2008, corresponding to T.R. Case No.678 of 2010 from the Court of Shri Debasis Mohapatra, Judicial Magistrate, 1st Class, Dhanbad or his successor along with the judgment recorded in Criminal Appeal No.82 of 2010.
(2.) OPPOSITE party No.2 has entered appearance by executing vakalatnama and the counsel for the opposite party No.2 is present. Learned counsel, Mr. Sen, submitted that petitioner was convicted under Section 138 of the Negotiable Instrument Act and was sentenced to undergo simple imprisonment for six months and was also directed to pay a sum of Rs.3,00,000/-(Three Lakhs) as compensation to the complainant- opposite party No.2. Judgment of conviction and order of sentence awarded to the petitioner remained upheld in criminal appeal and thereafter petitioner surrendered in the court-below on 7.3.2011. In support thereof, xerox copy of the certified copy of the order dated 7.3.2011, recorded by Shri Debasis Mohapatra, Judicial Magistrate, 1st Class, Dhanbad, by which petitioner was admitted to surrender, has been filed. Learned counsel further submitted that the petitioner was all along on bail during trial and appeal and had never misused the privilege, hence, his ad interim bail may be considered, during pendency of this criminal revision. Learned counsel appearing for the opposite party No.2 opposed the ad interim bail of the petitioner.
(3.) TAKING the considered view, during pendency of this criminal revision, petitioner Ram Babu Singh is directed to be released on executing bail bond of Rs.15,000/-( Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Trial Magistrate with the conditions that bailers of the petitioner would be his near relatives and he would co-operate in disposal of this criminal revision, failing to which appropriate order shall be passed vacating the order of his ad interim bail. Let this criminal revision be put up in the month of May, 2011 preferably in the 1st week for final disposal under the heading "For Hearing".;