Dayaram Bhati vs Deenanath Mangulle
2021 Latest Caselaw 8333 MP

      THE HIGH COURT OF MADHYA PRADESH
                         CRR.2735/2021
         (Dayaram Bhati Vs. Deenanath Mangulle )
                                                                    1

Jabalpur, Dated : 06 / 12/ 2021
      Shri Amit Dubey, learned counsel for the applicant.
      None for the respondent/State.

On payment of process fee within seven days, issue notice to the respondent, notices be made returnable within four weeks.

Heard on I.A. No.19858/2021 for suspension of sentence and grant of bail.

This revision has been filed against the judgment dated 30.01.2021 passed by the learned Third Additional Session Judge Hoshangabad, Distt Hoshangabad in Cr.iminal Appeal No. 26/2019 whereby learned ASJ affirmed the judgement of conviction dated 13.02.2019 passed by learned JMFC, Seoni Malwa in SC NIA No. 1/ 2018 where by learned JMFC found applicant guilty for the offence punishable under Section 138 of the Negotiable Instrument Act and sentenced him to undergo R.I. for two years and directed to pay compensation of Rs.6,85,000/- to the respondent under Section 357(3) of Cr.P.C. and in default of depositing that amount he shall undergo further three months R.I.

Learned counsel for the applicant submitted that the applicant has already deposited a sum of Rs. 1,20,000/- towards compensation amount. The applicant is ready to deposit 50 % of total compensation amount. Applicant is in custody since 07/10/2021 and hearing of this revision will take long time. Hence, prayed for suspension of sentence and release of the applicant on bail.

After hearing learned counsel for the applicant and considering the facts and circumstances of the case the application is allowed. It is directed that execution of jail sentence passed against the applicant shall remain suspended during pendency of THE HIGH COURT OF MADHYA PRADESH CRR.2735/2021 (Dayaram Bhati Vs. Deenanath Mangulle )

this revision and he be released on bail subject to his depositing 50% of total compensation amount of Rs.6,85,000/- which comes to Rs.3,42,500/- (the amount of compensation, if already deposited by the applicant, be adjusted) and on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 21/03/2022 and on such subsequent dates as may be fixed in this regard.

List the matter after four weeks alongwith the record for admission.

C.C. on payment of usual charges.

                                                      (Rajeev Kumar Dubey)
sarathe                                                      Judge




Digitally signed by
NAVEEN KUMAR
SARATHE
Date: 2021.12.06
18:12:15 +05'30'