Madhya Pradesh High Court
Satish Kumar Sharma vs Pradeep Kumar Gupta on 23 July, 2021
Author: Anjuli Palo
1 CRR-2163-2020
The High Court Of Madhya Pradesh
CRR-2163-2020
(SATISH KUMAR SHARMA Vs PRADEEP KUMAR GUPTA)
4
Jabalpur, Dated : 23-07-2021
Heard through Video Conferencing.
Shri R.K. Sahu, Advocate for the applicant.
Shri S. Shukla, Panel Lawyer for respondent/State.
As the appeal is within time, hence no order is required to be passed
on I.A. No.12028/2020, which an application for condonation of delay.
Accordingly, I.A. No.12028/2020 is dismissed as infructuous.
Heard on the question of admission.
Revision is admitted for final hearing.
Records of the Courts below is available.
Heard on I.A.No.13125/2021, 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 05/03/2020 in
Cr.A.No.5207/2019 passed by XIIIth Addl. Sessions Judge, Rewa, District
Rewa (M.P.), arising out of the judgment and findings dated 28/6/2019
passed by Judicial Magistrate First Class, Rewa in Case No.501/2017,
convicting the applicant for the offence punishable under Section 138 of
Negotiable Instrument Act, 1880 and sentencing him to undergo S.I. for three
months as also convicting him under Section 357(3) of Cr.P.C. and
sentencing him with fine of Rs.1,26,000/- with default stipulation as
mentioned in the impugned judgment.
Learned counsel for the applicant submits that 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.
Signature Not Verified
SAN
On the other hand, learned Panel Lawyer opposed the bail application
Digitally signed by REENA HIMANSHU
SHARMA
Date: 2021.07.24 14:12:35 IST
2 CRR-2163-2020
and prayed for rejection of the same.
Considering the contentions of learned counsel for the parties and
looking to the finding given by the trial Court and the sentence awarded to the
applicant, 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 subject to
deposition of Rs.50,000/- as compensation before the trial Court within a
period of seven days from today.
Consequently, I.A.No.13125/2021 is allowed subject to deposit of fine
amount, if not already deposited and deposition of Rs.50,000/- as
compensation before the trial Court within seven days from today. The
custodial sentence awarded to the applicant shall remain suspended during the
pendency of this revision. Applicant Satish Kumar Sharma 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 22.11.2021 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
o f the Advocate General and to the concerned learned Govt. Advocate, 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 the case for final hearing in due course.
Certified copy/e-copy as per rules/directions.
(SMT. ANJULI PALO)
JUDGE
rv
Signature Not Verified
SAN
Digitally signed by REENA HIMANSHU
SHARMA
Date: 2021.07.24 14:12:35 IST
