Rajendra vs Dinesh
2021 Latest Caselaw 913 MP

Citation : 2021 Latest Caselaw 913 MP
Judgement Date : 19 March, 2021

Madhya Pradesh High Court

Rajendra vs Dinesh on 19 March, 2021

Author: Rohit Arya

1                              Cr.R.No.797/2021
                             (Rajendra Vs. Dinesh)

Indore : Dated 19.3.2021

      Shri Arihant Nahar, learned counsel for the applicant.

      Issue notice to the respondent on payment of PF by both modes

within seven working days, returnable within six weeks.

Let record of the Courts below be requisitioned.

Heard on I.A.No.5730/2021; an application for grant of suspension of

sentence.

This is first application under Section 397 of Cr.P.C. on behalf of

applicant seeking suspension of sentence. The applicant has been convicted for

the offence punishable under Section 138 of Negotiable Instruments Act and

sentenced to undergo one year SI and directed to pay compensation of

Rs.5,20,000/-, with default stipulation, awarded vide judgment dated 27.2.2021

passed by Addl.Sessions Judge, Dharampuri, District Dhar in Cr.Appeal

No.11/2019.

Learned counsel for the applicant submits that learned Courts below

have wrongly convicted the applicant. The learned Courts below have not

properly appreciated the evidence. The applicant was in custody from the date

of judgment i.e. 27.2.2021 till date. The applicant was on bail during trial and

he has not misused the liberty. The applicant has already deposited

Rs.1,04,000/- (Rs.One Lac Four Thousand only), receipt whereof is passed

on Board and perused. During Covid-19 pandemic the regular criminal

revisions are not being taken up for consideration on merits. Therefore, prays

for suspension of sentence and enlargement of applicant on bail, on such terms

and conditions this Court deems fit and proper.

(Rajendra Vs. Dinesh)

Upon hearing learned counsel for the applicant, but without commenting

upon merits of the rival contentions so advanced regard being had to the fact

that present applicant has suffered jail incarceration since 27.2.201 and the

disposal of revision will take time, the application is allowed. It is directed that

the jail sentence of the applicant shall remain suspended subject to depositing

further amount in addition to the amount already deposited, i.e. Rs.3,00,000/-

(Rs.Three Lacs only) towards compensation payable to the complainant

subject to outcome of the revision, he be released on bail on his furnishing a

personal bond in the sum of Rs.1,00,000/- (Rs.One Lac only) with one solvent

surety in the like amount to the satisfaction of the trial Court. The applicant is

directed to appear before the Registry of this Court on 21.6.2021 and on other

subsequent dates as may be fixed in this behalf with following further

conditions. :-

(i) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;