Amardeep Raj Choudhary vs Dharamveer Raj
2021 Latest Caselaw 1172 MP

                                     1

       HIGH COURT OF MADHYA PRADESH



                 Criminal Revision No.874/2021
              (Amardeep Raj Choudhary Vs. Dharamveer Raj )



Jabalpur, Dated :31.03.2021.

      Shri Sandesh Dixit, learned counsel for the applicant.
      Heard on admission.
      Issue notice to the respondent on payment of process fee

within seven working days by ordinary as well as RAD mode, returnable within three weeks.

Also heard on IA No.4574/2021 for suspension of sentence and grant of bail to the applicant.

The applicant has been convicted by 29 th Addl. Sessions Judge, Jabalpur in CRA No.163/2019 under Section 138 of Negotiable Instrument Act and sentenced till rising of the Court and directed to pay compensation of Rs.75,000/-, in default of payment of compensation within a period of 15 days from the date of judgment further S.I.for three months.

It is submitted that the applicant surrendered before the trial Court on 02.03.2021 and since then he is in jail as he could not deposit the compensation amount.

Learned counsel for the applicant has submitted that the applicant has been falsely implicated. It is further submitted that he was on bail during trial and in appeal, and has not misused the liberty granted to him. It is stated that applicant is suffering from seizure disorder and has already suffered jail sentence of about a month. Lastly, it is submitted that revision would take considerable time to dispose of finally, therefore, remaining sentence of the applicant may be suspended and he be released on bail.

HIGH COURT OF MADHYA PRADESH

Looking to the facts and circumstances of the case, I am inclined to allow IA No.4574/2021 and suspend the remaining part of the jail sentence imposed upon the applicant, and direct that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand Only) with one surety in the like amount to the satisfaction of the trial Court, subject to deposit of 50% of the compensation amount before the trial Court, with a further direction to appear before the registry of this Court firstly on 15.11.2021, and also on such other dates, as may be fixed by the registry in this regard during the pendency of this revision.

Call for the records of the Courts below. List immediately after the records are received for admission.

Certified copy as per rules.

(Nandita Dubey)

Judge jitin

Digitally signed by JITIN KUMAR CHOURASIA Date: 2021.03.31 16:20:28 +05'30'