Atul Singh vs Rajendra Pratap Singh
2021 Latest Caselaw 1583 MP

                                  1                           CRR-570-2020
        The High Court Of Madhya Pradesh
                   CRR-570-2020
                      (ATUL SINGH Vs RAJENDRA PRATAP SINGH)

3
Jabalpur, Dated : 27-04-2021
      Heard through Video Conferencing.

      Shri Sankalp Kochar, learned counsel for the applicants.
      Smt. Gulab Kali Patel, learned Govt. Advocate for the
respondent/State.

Shri Vikram Singh Parihar, learned counsel for respondent no.1.

Record of the court below be requisitioned immediately. Heard on I.A. No.4791/2021 for suspension of sentence and grant of bail to the applicant.

Applicant has filed this criminal revision challenging the judgment dated 13.11.2019 passed in Criminal Appeal No. 16/2019 by 13th Additional Sessions Judge, Rewa. Applicant has been convicted by the trial Court under Section 138 of the Negotiable Instruments Act and has been sentenced to undergo RI for 4 with default stipulation. Said sentence

has been affirmed by the appellate Court.

Counsel for the applicant submitted that applicant is ready to deposit 20% of the compensation amount awarded against the applicant. It is further submitted by him that looking to the sentence of R.I for 4 months imposed by the trial court, application of applicant for suspension of sentence may be considered and his sentence may be suspended.

Counsel appearing for the State Government as well as the learned counsel for the respondent opposed the application for suspension of sentence.

Considering the length of sentence and the facts of the case, the application is allowed and remaining jail sentence of the applicant is hereby suspended subject to depositing 20% of the compensation amount 2 CRR-570-2020 which will be over and above the amount already deposited.

It is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) with one solvent security in the like amount to the satisfaction of the trial Court, applicant Atul Singh be released on bail with condition that he will deposit 20% of the

compensation amount before the trial court.

If applicant deposits 20% of the compensation amount before the trial court, the same shall be released in favour of respondent subject to furnishing surety.

It is further directed that applicant shall appear before the Registry of this Court on 09.08.2021 and on other dates as may be fixed by the office in this regard till final disposal of this revision.

List the matter after receipt of records for admission. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

mms

Digitally signed by MONSI M SIMON Date: 2021.04.28 13:28:03 +05'30'