2026:JHHC:16759 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 812 of 2016 -------- Anand Kumar Singh, son of Rameshwar Singh, resident of 322, Sahara Sunder Van, Phase-II, Mango, P.O. & P.S. Mango, Pardih, Town Jamshedpur, District-East Singhbhum (Jharkhand) ... ... Petitioner Versus 1. The State of Jharkhand 2. Rajeshwar Nath Tiwary, son of Raj Narayan Tiwary, resident of 201, North Layout Sonari, P.O. & P.S.-Sonari, Town-Jamshedpur, District- East Singhbhum … … Opp. Parties ----- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Indrajit Sinha, Advocate Ms. Ashwini Priya, Advocate Mr. Kaushik Chakraborty, Advocate For the State : Mr. Santosh Kumar Shukla, A.P.P. For the O.P. No.2 : Mr. Aditya Kumar, Amicus Curiae -------- Order No. 16/ Dated: 09th June, 2026 1. Heard Mr. Indrajit Sinha, learned counsel for the petitioner and learned A.P.P. as well as learned counsel appearing for the opposite party No.2. 2. The instant criminal revision has been preferred against the judgment dated 07.06.2016 passed in Criminal Appeal No. 23 of 2015 by learned Additional Sessions Judge-IV, Jamshedpur, whereby and whereunder the learned appellate court has dismissed the appeal by modifying judgment of conviction and order of sentence both dated 03.03.2015 passed by learned Judicial Magistrate 1st Class, Jamshedpur, in C/1 Case No. 1096 of 2009, wherein the petitioner has been convicted for the offence under Sections 420/34 & 406/34 of I.P.C. and sentenced to undergo S.I. for two years along with fine of Rs.1,000/- for the offence under Section 420/34 of I.P.C. with default stipulation and further sentenced to undergo S.I. for two years for the 2026:JHHC:16759 2 offence under Section 406/34 of I.P.C. Both the sentences were directed to run concurrently. Factual Matrix 3. Factual matrix giving rise to this revision is that complainant, Rajeshwar Nath Tiwary, was in search of a good educational institute for the admission of his daughter, Miss Sneha Tiwary, in Bachelor of Dental Surgery Faculty and the accused Anand Kumar Singh induced the complainant to pay Rs.6,15,000/- by promising to secure admission of the complainant’s daughter in M.S. Ramaiah Medical College, Bangalore. The complainant paid a sum of Rs.15,000/- in cash and Rs. 6,00,000/- through a cheque, which was duly encashed by the accused. Thereafter, the accused provided letters and documents purportedly confirming his daughter’s admission and showing payment of money to the college. Subsequently, the complainant and his daughter went to Bangalore, where they met co-accused Gautam Kumar Singh. Upon inquiry at the college, they found that no application had been submitted, no seat had been reserved in the name of his daughter and no payment had been made to the college. The documents handed over to the complainant by the accused were alleged to be false and fabricated. When confronted, Anand Kumar Singh agreed to refund the money and issued two post-dated cheques of Rs.4,50,000/- and Rs.1,50,000/-. The cheque for Rs.4,50,000/- was dishonoured due to insufficient funds, while the cheque for Rs.1,50,000/- was encashed. Despite repeated demands, legal notice, and personal requests, the accused failed to repay the remaining 2026:JHHC:16759 3 Rs.4,50,000/- and allegedly threatened the complainant. As no effective action was taken by the police, the complainant filed a complaint case before the Chief Judicial Magistrate, Jamshedpur. After conducting an inquiry under Section 202 Cr.P.C., the Judicial Magistrate found a prima facie case and, by order dated 13.07.2009, issued summons against both accused persons for offences under Sections 406, 420 & 34 I.P.C. 4. Charges under Sections 420/34 & 406/34 of I.P.C. has been framed and explained to the accused persons in Hindi, to which they pleaded guilty and claimed to be tried. 5. The prosecution has examined altogether 3 witnesses in this case and several documentary evidences have also been adduced. 6. On the other hand, no oral or documentary evidence has been adduced by the defence. The case of defence is denial from occurrence and false implication. Submissions on behalf of the petitioner 7. Learned counsel for the petitioner submits that the entire amount involved in this case was deposited by the petitioner at the time of grant of bail by the order of Hon’ble Court passed in A.B.A. No. 332 of 2010. The learned Trial Court has not taken into consideration that it was first offence of the appellant and in view of order of the Court entire amount was deposited and received by the complainant. The learned Trial Court without recording any special reasons declined to grant the benefit of Section 4 of the Probation of Offenders Act. Therefore, the petitioner deserves the benefit of Section 4 of the 2026:JHHC:16759 4 Probation of Offenders Act. Moreover, the occurrence is of the year 2008 and more than a decade has elapsed and the petitioner has maintained peace and has settled his life. Hence, the petitioner may be extended the benefit of Section 4 of the Probation of Offenders Act. Submissions on behalf of the State 8. On the other hand, learned A.P.P. as well as learned Amicus Curiae has defended the judgment on merits but on the point of non- extension of benefit of Probation of Offenders Act, it is fairly admitted that it was first offence of the petitioner, hence, appropriate order may be passed after dismissing the revision petition. Analysis, discussions and reasons 9. I have gone through the impugned judgment of court below in the light of rival contentions of the respective parties. 10. Since the learned counsel for the petitioner without touching the merits of the judgment has confined himself towards the grant of benefit of provision of Probation of Offenders Act and no objection has been raised by the learned A.P.P., therefore, I have gone through the impugned judgments passed by learned trial Court as well as Appellate Court and it appears that at the point of hearing on sentence, specific plea was taken by the petitioner that it was his first offence, hence, the petitioner may be released on probation bond giving benefit of Probation of Offenders Act. 11. In view of above facts and circumstances, the conviction of the petitioner is herby upheld but so far as the sentence awarded by the learned Trial Court and upheld by the learned Appellate Court to the 2026:JHHC:16759 5 above named petitioner is concerned, is modified and the trial court is directed to released the petitioner extending the benefit of Section 4 of Probation of Offenders Act, 1958, upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand) with one surety of like amount to the satisfaction of learned Trial Court, within two months, from the date of this order, with condition to maintain peace and good behavior for six months from the date of furnishing the bond. 12. If the bond is not furnished within above stipulated time, the learned Trial Court shall issue notice upon the petitioner to secure his attendance for furnishing the bond. 13. In case of violation of the terms and conditions of the bond, the petitioner shall be called upon to receive the sentence of imprisonment already awarded to him by the concerned trial court. 14. In view of above discussion and reasons, this revision is dismissed on merits with modification in sentenced as stated above. 15. Pending I.A.(s), if any, stands disposed of accordingly. 16. I take this opportunity to appreciate the assistance rendered by Mr. Aditya Kumar, learned Amicus Curiae and direct the Member Secretary, High Court Legal Services Committee to extend the stipulated fee as per notification of High Court Legal Services Committee to learned Amicus Curiae, within a period of four weeks from the date of receipt/production of a copy of this order. 17. Office is directed to ensure that a copy of this order is served upon Member Secretary, High Court Legal Services Committee. 2026:JHHC:16759 6 18. Let a copy of this order along with Trial Court record be sent back to the concerned court immediately for information and needful. (Pradeep Kumar Srivastava, J.) 09.06.2026 Arpit Uploaded on 12/06/2026