Suresh Vishwakarma vs Smt. Suman Bai
2021 Latest Caselaw 1851 MP

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                                                   Cr.R. No.512-2021

           THE HIGH COURT OF MADHYA PRADESH
                          Cr.R. 512-2021
             (Suresh Vishwakarma Vs. Smt. Suman Bai)

Jabalpur, Dated 06.05.2021

      Shri Neeraj Jain, Advocate for the petitioner.

      Heard through video conferencing.

      Record of both the courts below is received but the same is not

available in PDF.

      I.A.No.2921/2021 an application for suspension of jail sentence

and grant of bail moved on behalf of the petitioner u/S. 397(1) of

Cr.P.C. is taken up and considered.

      In the present case, the petitioner has been convicted u/Ss. 138

of Negotiable Instrument Act for one year R.I. and 357 (3) of CrPC for

a fine of Rs. 3,27,000/- and on failure to deposit fine the petitioner

sentenced to undergo further simple imprisonment of three months and

and 359 of CrPC for a fine of Rs. 10,000/- and on failure to deposit

fine the petitioner sentenced to undergo further simple imprisonment

of seven days by judgment dated 19.06.2019 passed in Criminal

Appeal No. 135/2018 by IInd Additional Sessions Judge Bhopal

District Bhopal.

      In view of the reasons mentioned in the application coupled

with the fact that there is no possibility of the revision coming up for

final hearing in near future and also looking to the short period of
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                                                           Cr.R. No.512-2021

      sentence awarded, without expressing any opinion on the merits,

      awaiting admission of the revision , this court is inclined to extend

      the benefit of suspension of sentence to the petitioner.

             Accordingly, I.A.No. 2921/21 is allowed.

             It is directed that the jail sentence of the petitioner will remain

      under suspension, subject to depositing fine amount and furnishing a

      bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with two

      solvent sureties of the like amount to the satisfaction of concerned

      available Magistrate for his appearance before concerned Magistrate

      on 17.11.2021 and all other subsequent dates as may be fixed by him

      which shall be of frequency not less than once a year.

             In case, the petitioner is found absent on any date fixed by the

      concerned Magistrate then the said Magistrate shall be free to issue

      and execute warrant of arrest for securing his presence without first

      referring the matter to this Court, provided the Registry of this Court is

      kept informed.

             List immediately after resumption of physical hearing.



                                                           (Sheel Nagu)
                                                              Judge

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2021.05.0

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