Mukesh vs Prabhulal
2021 Latest Caselaw 9135 MP

1              HIGH COURT OF M.P BENCH AT INDORE

                            CRR.No.2822/2021
                       Mukesh Vs. State of M.P.

Indore, Dated:-22.12.2021
        Shri Abhishek Rathore, learned counsel for the applicant.
        None for the respondent, though served.

Heard on I.A. No.30063/2021, which is an application filed under Section 397(1) of Cr.P.C. for suspension of jail sentence of applicant and for grant of bail.

The trial Court convicted the applicant under Section 138 of Negotiable Instrument Act & sentenced to undergo two months simple imprisonment and deposit Rs.15,000/- as compensation with default stipulation. The lower Appellate Court has affirmed the findings of the judgment and order of sentence.

Learned counsel for the applicant submits that the applicant is in custody since 20.12.2021. The applicant is ready and has already deposited the amount of compensation. There is no likelihood of coming up of this revision for final hearing in near future, hence, the jail sentence of the applicant be suspended and he be released on bail.

Looking to the facts and circumstances of the case, I am of the view that it is a fit case to allow the application for suspension of sentence and grant of bail to the applicant. Hence, I.A.No.30063/2021 is allowed.

It is directed that subject to payment of entire amount of compensation, the execution of jail sentence of the applicant shall remain suspended during the pendency of this revision and he shall be released on bail on his furnishing a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his 2 HIGH COURT OF M.P BENCH AT INDORE

appearance before the Registry of this Court on 7.2.2022 and thereafter on all other such subsequent dates as may be fixed by the Registry of this Court in this regard, during the pendency of the revision.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.

I.A.No.30063/2021 stands allowed and disposed of. C.C. as per rules.

                                                                            (SATYENDRA KUMAR SINGH)
             REENA PARTHO
             SARKAR                                                                JUDGE
             Digitally signed by REENA PARTHO SARKAR




das

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=14e70a287a42438a98dcd4449c9a456209ff4272bed8d6bac14 52f3fb432e6d0, pseudonym=4D262EA10E4754EBA7A5EF1D45A35E25EA8D4708, serialNumber=58C860AFE3BD7B9233B3B2D74632A61BEFDC37F85CE 50264BCF843011F77654D, cn=REENA PARTHO SARKAR Date: 2021.12.23 10:16:14 +05'30'