Madhya Pradesh High Court
Jai Narayan Meena vs Shri Rajesh Chouksey on 2 December, 2021
Author: Arun Kumar Sharma
1 CRR-2660-2021
The High Court Of Madhya Pradesh
CRR No. 2660 of 2021
(JAI NARAYAN MEENA Vs SHRI RAJESH CHOUKSEY)
Jabalpur, Dated : 02-12-2021
Shri Shiv Kumar Sharma, Advocate for the applicant.
None for the respondent
Heard on the question of admission.
Issue notice to the respondent on payment of process fee within seven
working days by both modes.
Notice be made returnable within four weeks.
Heard on I.A.No. 18700/2021, 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 30.09.2021 in
Cr.A.No.115/2020 passed by XII Addl. Sessions Judge Bhopal District
Bhopal (M.P)., arising out of the judgment and findings dated 12.02.2020
passed by JMFC Bhopal, District Bhopal (M.P.) in CR. Case. R.T.
No.2566/2017 and convicted the applicant for the offence punishable under
Section 138 of Negotiable Instrument Act and has been sentenced to undergo
R.I. for six months and to pay compensation of Rs.7,00,250/- and other
amount of Rs.22,500/- with usual default stipulation.
Learned counsel for the applicant submits that the applicant is ready to
deposit 50% of the compensation amount. He was on bail during the trial and
he never misused the liberty granted to him by the trial Court. There are fair
chances to succeed in the case. Final hearing of this revision will take time.
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.
On the other hand, learned PL opposed the bail application and prayed
for rejection of the same.
Considering the contentions of learned counsel for the parties and
2 CRR-2660-2021
looking to the facts and circumstances of the case and revision will take time
for its final disposal but without expressing any opinion on the merits of the
case, I am of the considered opinion that it would be appropriate to suspend
the custodial sentence awarded to the applicant and grant bail to him.
Consequently, I.A.No.18700/2021 is allowed subject to deposit of
50% of the compensation amount i.e. 350,125/- and fine amount, if not
already deposited. The custodial sentence awarded to the applicant shall
remain suspended during the pendency of this revision. Applicant 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 16.02.2022 and on subsequent dates as may
fixed by the trial Court from time to time till final disposal of the case.
A typed copy of this order be forwarded by the Registry to the Office
of the Advocate General and to the concerned learned PL, on their respective
email address for intimation to the Police Station concerned. The office is
requested to forward a copy of this order to the learned Court below also.
List this case immediately the service of notice on respondent.
Certified copy/e-copy as per rules/directions.
(ARUN KUMAR SHARMA)
JUDGE
Vin**
Signature Not Verified
SAN
Digitally signed by VINOD SHARMA
Date: 2021.12.03 10:18:34 IST
