Narayan Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1687 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                      Cr.R. No.1175/2021
        (Narayan Singh Vs. The State of M.P. and another)
                                                                     -1-
Indore, dated 30/04/2021

      Mr. Bharat Yadav, learned counsel for the applicant.
      Ms. Bharti Lakkad, learned counsel for the respondent/State.

Heard on the question of admission.

On payment of P.F. within three days, issue notice to the complainant returnable within four weeks.

Also heard on I.A. No.8425/2021, an application for suspension of custodial sentence filed by applicant.

The applicant has filed the present revision against judgment dated 26.03.2021 whereby learned Second Addl. Sessions Judge, Ujjain has affirmed the judgment dated 22.10.2019 passed by Judicial Magistrate, First Class, Ujjain by which he has been convicted u/s. 138 of Negotiable Instruments Act and sentenced to undergo one year RI.

Learned counsel for the the applicant submits that the learned courts below have not properly appreciated the evidence on record and material omissions and contradictions have been overlooked. The revision is likely to take considerable time for its final hearing and if his custodial sentence is not suspended, the application may be rendered infructuous. He, therefore, prayed that the custodial sentence of applicant be suspended and he be released on bail.

In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of the applicant.

Accordingly, I.A. No.8425/2021 is allowed and it is directed that subject to deposition of Rs.2,00,000/- (Two Lakhs only) with HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cr.R. No.1175/2021 (Narayan Singh Vs. The State of M.P. and another)

the trial and on furnishing personal bond by the applicant in the sum of Rs.50,000/- (Fifty Thousand only) with solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the applicant shall remain suspended till the final disposal of this revision. The applicant after being enlarged on bail shall mark his presence before the Registry of this Court on 18.01.2022 and on all such subsequent dates, which are fixed in this behalf.

Record of Court below be requisitioned and list thereafter for admission.

C.C. as per rules.

(VIVEK RUSIA) JUDGE N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.05.03 11:32:01 +05'30'