Harish Soni vs Smt Pratibha Soni
2021 Latest Caselaw 8061 MP

                                                                        1                                CRR-1259-2020
                                          The High Court Of Madhya Pradesh
                                                   CRR No. 1259 of 2020
                                                             (HARISH SONI Vs SMT PRATIBHA SONI)


                                  Jabalpur, Dated : 01-12-2021
                                         Shri Manish Soni, learned counsel for the petitioner.

                                         Shri      Prakash    Gupta,     learned    Public        Prosecutor   for   the
                                  respondent/State.

Heard on the question of admission.

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

final hearing.

Shri Prakash Gupta, learned Public Prosecutor accepts notice on behalf of the respondent/State.

Records be called for.

Heard on I.A. No. 4565/2020, which is an application filed under Section 397 (1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

This criminal revision is directed against the judgment dated 11.12.2019 passed by 8th Additional Sessions Judge, Sagar, District Sagar (M.P.) in

Cr.A.No. 119/2019, whereby the judgment dated 29.06.2019 passed by Judicial Magistrate First Class, Sagar, District Sagar in Complaint Case No.1921/2016 has been modified. Consequently, the petitioner stands convicted under section 138 of NI Act and sentenced to undergo R.I. for six months and under section 357(3) of CrPC and sentenced to pay compensation of Rs.1,00,000/- with 9 % interest with default stipulation.

Learned counsel for the petitioner submits that present petitioner is in jail as on date and he has wrongly been convicted. Learned courts below have erred in appreciating the evidence on record. Compensation amount alongwith interest has already been deposited by the petitioner. Petitioner was on bail during trial and he did not misuse the liberty so granted. In view of outbreak of COVID 19, detention of the petitioner in already congested prison may be detrimental. The petitioner is permanent resident of District Signature Not Verified SAN

Digitally signed by VINAY KUMAR BURMAN Date: 2021.12.02 11:30:53 IST 2 CRR-1259-2020 Sagar. There are fair chances of success of this revision and the revision may take long time for its conclusion. With the aforesaid submissions, prayer for suspension of sentence is made.

The prayer is opposed by learned Public Prosecutor. Taking into consideration the facts and circumstances of the case, I.A.

is allowed.

It is, therefore, directed that if petitioner namely Harish Soni deposits the entire fine amount along with the interest, if not already deposited, and furnishes a personal bond in the sum of Rs. 50,000/- (Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 7th March, 2022 and on such subsequent dates as may be fixed in this regard, the sentences 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.

List this case for final hearing in due course. 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

vinay*

Signature Not Verified SAN

Digitally signed by VINAY KUMAR BURMAN Date: 2021.12.02 11:30:53 IST