JHARKHAND HIGH COURT ISSUES ORDER ON SANJAY SAW V/S STATE OF JHARKHAND AND ANR.

RANCHI, India, Jan. 8 -- Jharkhand High Court issued the following order on Dec. 8:

1. Learned counsel for the petitioner submits that the petitioner was convicted under section 138 of Negotiable Instrument Act, 1881, by learned Judicial Magistrate First Class, Koderma in Complaint Case No.987 of 2023 and sentenced to undergo RI for one year and to pay fine of Rs.4,85,000/- in default further SI for six months. He further submits that the said judgment was challenged in Cr. Appeal No.23 of 2025 and by the judgment dated 20.08.2025 the appeal was dismissed. He further submits that the petitioner is in custody since 09.10.2025.

2. I.A. No.16423 of 2025 has been filed for suspension of sentence.

3. Learned counsel for the petitioner submits that the petitioner is in custody and the petitioner is ready to pay 10% of the awarded amount to the complainant and in view of that the petitioner may kindly be released on bail. He further submits that he has got instruction that the petitioner is ready to settle the matter with the complainant and the petitioner and the O.P.no.2 are own brother.

4. Learned counsel for the State submits that the matter is arising out of Section 138 of Negotiable Instruments Act.

5. Learned counsel for the O.P.No.2 submits that at least 50 % of the awarded amount may kindly be directed to be paid to the complainant.

6. In view of above and considering the submission of the learned counsel for the petitioner that petitioner is ready to deposit 10% of the awarded amount, and in that view of that matter, the petitioner is directed to deposit the Bank draft in favour of the complainant to the tune of Rs.47,000/- before learned Registrar General of the Court by 22.12.2025.

7. As such, the petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Judicial Magistrate, First Class, Koderma, in connection with Complaint Case No.987 of 2023.

8. It is open to the O.P.No.2 that if the aforesaid direction is not complied by the petitioner, he may file proper petition before this Court.

9. The instant I.A stands disposed of.

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