Naresh Batham vs Smt. Minakchi Rajput
2021 Latest Caselaw 1456 MP

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               THE HIGH COURT OF MADHYA PRADESH
                          Cr.R. No.1048/2020
                (Naresh Batham vs. Smt. Minakshi Rajput)

Gwalior, Dated : 9.4.2021
      Heard through Video Conferencing.
      Shri A.K. Jain, counsel for the petitioner/revisionist.
      Shri Vishwanath Pratap Tomar, Panel Lawyer for the
respondent/State.

The petitioner has filed this Cr.Revision under Section 399 read

with section 401 of Cr.P.C against the judgment dated 31.01.2020

passed by the Court of 13th ASJ, Gwalior in Cr.Appeal No.341/2019

affirming the judgment dated 18.10.2019 passed by the Court of

Judicial Magistrate, First Class Gwalior in Cr.Case No. SC NIA

26/2017 convicting the petitioner under Section 138 of the Negotiable

Instruments Act and sentencing him to undergo RI for one year six

months to pay compensation of Rs. 10,62,000/- with default

stipulation.

Also heard on I.A. No.7507/2021, an application under Section

397(1) of Cr.P.C. for suspension of sentence on behalf of the petitioner.

Counsel for the revisionist submits that he was directed to seek

instructions vide order dated 1.4.2021 regarding the fact that what

amount will be deposited by the petitioner for consideration of his

application. Counsel for the petitioner submits that on the instruction,

the petitioner is not in a position to deposit any further amount. It is

submitted that he has already deposited an amount of Rs.1 Lac as

directed by the trial Court and rest of the amount has not been

deposited by him. Due to this COVID pandemic 19 as he is in custody

now, therefore, he is not in a position to deposit any further amount. He

THE HIGH COURT OF MADHYA PRADESH Cr.R. No.1048/2020 (Naresh Batham vs. Smt. Minakshi Rajput)

prays for suspension of sentence and submits that if some breathing

time is granted to him then he will deposit an amount of Rs.25,000/-. It

is submitted that he has already undergone two months custody period

from the date of conviction and total conviction is of six months.

Considering the facts and circumstances of the case, it is directed

that if the petitioner deposits 50% of the amount within a period of one

month from today then he is directed to be released on bail on

furnishing a bail bond of Rs.50,000/-(Rs. Fifty Thousand Only) with

one solvent surety of the like amount to the satisfaction of the trial

court. If the aforesaid amount is deposited within a period of one

month, the petitioner is directed to appear before Registry of this Court

on 30.09.2021 and on such subsequent dates as may be fixed by the

Registry of this court.

Petitioner shall install Arogya Setu App in his mobile

immediately and would intimate his place of residence to the SHO of

concerned Police Station; where he resides. Petitioner further submit

the undertaking to the effect that he will abide by the terms and

conditions of different circulars, orders as well as guidelines issued by

Central Government, State Government as well as Local

Administration for maintaining social distancing, hygiene etc to avoid

Novel Corona Virus (COVIC-19) pandemic.

In view of the COVID-19, jail authorities are directed that before

releasing the petitioner, medical examination of petitioner shall be

undertaken by the jail doctor and on prima facie, if it is found that he is

THE HIGH COURT OF MADHYA PRADESH Cr.R. No.1048/2020 (Naresh Batham vs. Smt. Minakshi Rajput)

having the symptoms of COVID-19, then consequential follow up

action including the isolation/quarantine or any test if required, be

ensured, otherwise petitioner shall be released immediately on bail and

shall be given a pass or permit for movement to reach his place of

residence.

E- copy of this order be provided to the petitioner and E-copy of

this order be sent to the trial Court concerned for compliance. It is

made clear that E-copy of this order shall be treated as certified copy

for practical purposes in respect of this order.

Counsel for the petitioner at this stage submits that as the

conviction is of six months, therefore, the criminal revision may be

heard at an early date.

Considering the facts and circumstances of the case, list the

matter in the week commencing 14.06.2021 for final arguments at

motion stage.

Counsel for the petitioner is directed to submit the synopsis and

the case laws in support of his arguments.

(Vishal Mishra) Judge van SMT VANDANA VERMA 2021.04.09 19:20:14

-07'00'