Rajaram Rajpal vs The State Of Madhya Pradesh
2021 Latest Caselaw 1648 MP

            HIGH COURT OF MADHYA PRADESH :
                      JABALPUR
                    Cr.R.No.173/2021
              ( Rajaram Rajpal Vs. State of M.P. and another )
                                    (1)

Jabalpur, dated : 29.04.2021

      Shri Sushil Kumar Tiwari, Advocate for the petitioner.

      Shri Sachin Jain, Panel Lawyer for respondent no.1/State.

Heard on the question of admission through Video

Conferencing.

This criminal revision appears to be arguable, hence, it is

admitted for final hearing.

Fresh process fee be paid within seven working days for

service of notice on respondent no.2 by RAD mode.

Records of the Courts below be requisitioned, if not already

received.

I.A. No.1059/2021 is an application for staying the order of

compensation on the ground of adverse financial condition of the

petitioner.

However, it would not be possible to stay recovery of the

remaining amount of compensation in its entirety. ( Stanny Felix

Pinto vs. Jangid Builders Pvt. Ltd (AIR 2001 SC 659) referred to).

The I.A., accordingly, stands dismissed.

Heard on I.A. No. 1058/2021, which is an application for

suspension of sentence and grant of bail filed on behalf of the

petitioner.

This criminal revision has been preferred against the judgment HIGH COURT OF MADHYA PRADESH :

JABALPUR Cr.R.No.173/2021 ( Rajaram Rajpal Vs. State of M.P. and another )

dated 5.01.2021 passed by Third Additional Judge to the Court of I

Additional Sessions Judge, Katni in Cr.A. No. 100/2019 arising out

of the judgment dated 13.09.2019 passed by Judicial Magistrate First

Class, Katni in Criminal (Complaint) Case No.701146/16, whereby,

the petitioner has been convicted under Section 138 of Negotiable

Instruments Act and sentenced to undergo six months' S.I. with

direction to pay compensation of Rs. 6,60,937/- in default to suffer

S.I. for 3 months.

Learned counsel for the petitioner submits that present

petitioner has been falsely convicted. The petitioner is in custody for

last more than three months. It is further submitted that there are

material omissions and contradictions in the evidence of the

prosecution witnesses. It is further submitted that both the courts

below have failed to appreciate the evidence correctly. It is also

submitted that in view of outbreak of COVID 19, detention of the

applicant in already congested prison may be detrimental. There are

fair chances of success of this revision and the revision may take

long time for its conclusion and the petitioner cannot be kept in

custody for an unlimited period. Under these circumstances, the

execution of sentence be suspended and he be released on bail.

Keeping in view the aforesaid submission of learned counsel

for the petitioner and the facts & circumstances of the case, the I.A.

is allowed.

HIGH COURT OF MADHYA PRADESH :

JABALPUR Cr.R.No.173/2021 ( Rajaram Rajpal Vs. State of M.P. and another )

It is, therefore, directed that if petitioner deposits with the trial

Court 50% of the amount of compensation as awarded by the

Courts below, if not already deposited, and furnishes a personal

bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand) with one

local solvent surety in the like amount to the satisfaction of trial

Court for his appearance before the Registry of this Court on 27th

October 2021 and on such subsequent dates as may be fixed in this

regard, sentence of imprisonment awarded to him shall remain

suspended till further orders and he shall be released on bail. The

petitioner shall also furnish a written undertaking that he will abide

by the terms and conditions of various circulars, as well as, orders

issued by the Central Government, State Government and local

administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

A copy of this order be sent to the trial Court concerned for

compliance.

Certified copy/e-copy as per rules/directions.

(S.A.Dharmadhikari) Judge (and) ANAND SHRIVASTA VA 2021.04.30 09:50:38 +05'30'