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Judgment
This criminal revision petition has already been admitted by the order dated 01.09.2026.
Learned counsel appearing on behalf of the petitioner submits that the petitioner has been convicted and sentenced by the judgment dated 28.09.2022 passed by learned S.D.J.M., Pakur in Complaint Case No.237 of 2017 under section 138 of the Negotiable Instruments Act and directed to undergo S.I for one year and to pay fine of Rs.36 lakhs as compensation to the complainant/O.P.No.2. He next submits that the said judgment was challenged by the petitioner before the learned Principal District and Sessions Judge, Pakur in Criminal Appeal No.33 of 2022 and the learned appellate court by the judgment dated 27.05.2023 has been pleased to reject the appeal and affirmed the judgment of the learned trial court.
Learned counsel for the petitioner next submits that the petitioner is in custody since 08.07.2026 and in that way, he has remained in custody for more than three months. He next submits that now the condition of the petitioner is very precarious and the petitioner will pay certain amount for the purpose of bail. He next submits that the petitioner is ready to compromise the matter with the complainant /O.P.No.2 and on these grounds, he submits that the petitioner may kindly be granted bail. He submits that petitioner has filed I.A.No.11521 of 2026 for grant of bail.
Learned counsel appearing on behalf of the respondent State submits that the matter is arising out of Section 138 of the Negotiable Instruments Act.
Learned counsel appearing for the Opposite Party no.2 submits that the two learned courts have given concurrent finding and till date the petitioner has not paid any amount and in view of that, a direction may kindly be given to the petitioner to pay certain amount.
In view of above and considering that the maximum period of sentence is of one year whereas the petitioner has remained in custody since 08.07.2026 and in that way he has remained in custody for more than three months and the petitioner is ready to pay certain amount to the complainant /O.P.No.2 for the purpose of bail and further the petitioner is ready to compromise the matter.
As such, the petitioner, above-named, is hereby 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 the satisfaction of learned S.D.J.M., Pakur in connection with Complaint Case No.237 of 2017, subject to the condition that the petitioner will deposit a bank draft of Rs.3 lacs (Rupees Three Lacs) within four weeks after his release from the custody before the learned court in the name of the complainant/O.P.No.2 and the learned on verification will hand-over the said Bank Draft to the complainant/ O.P.No.2.
It is made clear that if petitioner fails to comply aforesaid condition of depositing Rs.3 Lacs by way of Demand Draft, learned court will take action for cancellation of bail of the petitioner.
The complainant/ O.P.No.2 is also put at liberty to file appropriate petition if the aforesaid condition is not being fulfilled by the petitioner.
It is further open to the petitioner as well as the complainant/ O.P.No.2 to file appropriate petition if they come to any term and condition of the compromise.
I.A. 11521 of 2026 filed for grant of bail to the petitioner is allowed and disposed of.
Since the complainant/ O.P.No.2 has already appeared, there is no need of issuing notice upon the O.P.No.2.