Manish vs Indian Overseas Bank
2021 Latest Caselaw 9007 MP

The High Court of Madhya Pradesh : Bench at Indore

CRR No.3506/2021

Indore:20.12.2021 Shri Ayushman Choudhary, learned counsel for the applicant. Shri Tarun Pagare, learned Panel Lawyer for the non- applicant/State.

I.A. No.30121/2021 has been filed by the applicant for suspension of jail sentence of the applicant who has been convicted by the XI ASJ, Indore District Indore vide judgment dtd. 29/11/2021, for commission of offence punishable under Section 138 of the Negotiable Instruments Act and sentenced him to undergo six months RI with fine of Rs.1,70,000/-, with default stipulation.

It is submitted by the learned counsel for the applicant that the applicant has surrendered before the trial Court today i.e. on 20/12/2021.

Considering the short sentence and nature of accusation coupled with the fact that final hearing of this revision is not possible in near future, without expressing any opinion on merits of the case, I.A. No.30121/2021 is allowed and it is directed that if the applicant has been surrendered before the trial Court then upon applicant's depositing the fine/compensation amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.30,000/- (Rupees Thirty Thousand) with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of the applicant shall remain suspended till the final disposal of the revision and he shall be released on bail for his appearance before concerned trial Court on 22.2.2022 and all other subsequent dates as may be fixed by the said Court during pendency of this revision.

Record of the Court below be also called for. Cc as per rules.

(Rajendra Kumar (Verma)) Judge

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PREETH Digitally signed by PREETHA NAIR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=5431da3716f911ecd1cb3fc6dc91ea2cacec6 0259cb241b9ad42416f404bb303,

A NAIR pseudonym=BEA9A029360DBE02FDC86E8557A519 B70B35E1A7, serialNumber=0EC5BE08895BA17A6074239F753A3 8DE8188C5E65085178B87CD8C85BA5B87CC, cn=PREETHA NAIR Date: 2021.12.20 16:48:05 +05'30'