Madhya Pradesh High Court
Chhotelal Shah vs Dilip Kumar Shah on 16 August, 2021
Author: Arun Kumar Sharma
1 CRR-1847-2021
The High Court Of Madhya Pradesh
CRR-1847-2021
(CHHOTELAL SHAH Vs DILIP KUMAR SHAH)
1
Jabalpur, Dated : 16-08-2021
Heard through Video Conferencing.
Shri A.K. Pathak, Advocate for the applicant.
Record of the Courts below be called for.
Let notice be issued to the respondent on payment of process fee
within seven days by both the modes, returnable within four weeks.
Also heard on I.A.No.14625/2021, which is an application for
suspension of sentence and grant of bail to the applicant.
The revision has been preferred under Section 397/401 of the Cr.P.C.,
1973 by the applicant against impugned judgment dated 30.07.2021 in Cr.A.
No.20/2017 passed by IIIrd Addl. Sessions Judge Singrauli, District Singrauli
(M.P)., arising out of the judgment and findings dated 13.01.2017 passed by
JMFC, Singrauli in Cr. Complaint Case. No.1607/2014 and convicted the
applicant for the offence punishable under Section 138 of Negotiable
Instruments Act and has been sentenced to undergo R.I. for six months.
Learned counsel for the applicant submits that the applicant has already
deposited Rs.30,000/- before the trial Court. He is in jail since 30.07.02021.
He was on bail during the trial. There are fair chances to succeed in the case.
Final hearing of this revision will take time. The applicant is ready to deposit
a sum of Rs.50,000/- before the trial Court. Therefore, the application filed on
behalf of the applicant may be allowed and period of his remaining jail
sentence may be suspended and he may be released on bail.
Considering the contentions of learned counsel for the applicant and
looking to the facts and circumstances of the case and revision will take time
for its final disposal and the applicant is ready to deposit a sum of
Rs.50,000/- before the trial Court, without expressing any opinion on the
merits of the case, in the opinion of this Court, it would be appropriate to
2 CRR-1847-2021
suspend the custodial sentence awarded to the applicant and grant bail to him.
Consequently, I.A.No.14625/2021 is allowed subject to deposit a sum
of Rs.50,000/- before the trial Court. The custodial sentence awarded to the
applicant shall remain suspended during the pendency of this revision.
Applicant Chhotelal Shah on furnishing the receipt of depositing of
the aforesaid amount before the trial Court, be released from custody on his
furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the satisfaction
of the Trial Court. The applicant shall appear and mark his presence before
Trial Court on 20.12.2021 and on subsequent dates as may fixed by the
trial Court from time to time till final disposal of the case.
The amount so deposited shall not be disbursed without the leave of
the Court.
Case be listed after receipt of the record.
Certified copy/e-copy as per rules/directions.
(ARUN KUMAR SHARMA)
JUDGE
pn
Signature Not Verified
SAN
Digitally signed by PANKAJ NAGLE
Date: 2021.08.16 17:04:44 IST
