Vijay Singh vs Issak Khan
2021 Latest Caselaw 1428 MP

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THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE


                          Cr.R. No.1127-2021
                       (Vijay Singh vs. Issak Khan)
Indore, Dated: 08.04.2021
          Heard through video conferencing.
         Shri Saraansh Jain, learned counsel for the petitioner.

         Let notice be issued to the respondent on payment of process

fee within a week. Notices be made returnable within six weeks.

Record of the lower court be requisitioned.

Heard on I.A.No.8030/2021, which is an application under

Section 397 of the Cr.P.C. for suspension of jail sentence of the

petitioner.

The present petitioner has been convicted for offence

punishable under Section 138 of the Negotiable Instruments Act and

sentenced to undergo 1 year RI with fine of Rs.65,000/- by judgment

dated 18.2.2021 passed by learned Sessions Judge, Dhar, District

Dhar (MP) in Criminal Appeal No.58/2019.

Learned counsel for the petitioner has submitted that the

petitioner has already deposited a sum of Rs.13,000/- only in the trial

Court, out of Rs.65,000/- of the fine imposed on him. Counsel has

further submitted that the petitioner is a poor farmer and he is in jail

since 18.2.2021 and it is prayed that looking to the wake of fresh

spread of COVID-19, the application for suspension of jail sentence

of the petitioner be allowed by imposing some reasonable condition.

On due consideration of the rival submissions, considering

the fact that a total fine of Rs. 65,000/- has been imposed upon the

petitioner, it is directed that if the petitioner deposits 75% of the total

fine of Rs.65,000/- which would come to Rs.48,750/-, he may be

released on bail and a sum of Rs.13,000/- which has already been

deposited by the petitioner shall stands reduced from that amount.

In view of the aforesaid, the execution of jail sentence awarded

to the petitioner shall remain suspended, subject to depositing him

75% of the total fine of Rs.65,000/-, and upon furnishing personal

bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand

only) with one solvent surety in the like amount to the satisfaction of

the trial Court for his appearance before trial Court on 30.07.2021 and

on such other dates as may be fixed by the concerned Court in this

regard.

C. c. as per rules.

(Subodh Abhyankar) Judge

moni

Digitally signed by MONI RAJU Date: 2021.04.08 18:00:21 +05'30'