Satish vs Gokul
2021 Latest Caselaw 7932 MP

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       THE HIGH COURT OF MADHYA PRADESH,
                        BENCH INDORE
   ( SINGLE BENCH: HON'BLE MR. JUSTICE VIVEK
                     RUSIA)
                       CRR No.1590/2020
                    (Satish V/s. State of M.P.)
Indore, Dated: 29/11/2021
     Ms. Kirtee Agrawal, learned counsel for the appellant.
      Shri Anil Kumar Yaduvanshi, learned counsel for the
Respondents.

Heard on I.A. No.29006/2021, which is first application filed by the applicant under Section 397/401 of the Cr.P.C. for suspension of jail sentence filed on behalf of the applicant Satish.

The present revision has been filed against judgment dated 10.02.2020 passed by the 11th Additional Sessions Judge, Indore in criminal appeal No.163/2019 whereby the learned judge has maintained the judgment passed by the learned JMFC, Hatod in SC.NIA No.07/2017 whereby he has been convicted under Section 138 of Negotiable Instrument Act,1881 and sentenced to one year S.I. to pay a sum of Rs. 2,75,000/- as compensation to the complainant/Respondent herein under Section 375(3) of the Code of Criminal Procedure, (Cr.P.C.in short) and in default to undergo simple imprisonment for a further period of three months.

Learned counsel for the applicant submits that applicant has been arrested by the police and this fact has not been disputed by the learned counsel for the respondent. They jointly submits that the compromise has been arrived between the parties and an application under Section 320 of Cr.P.C. has been filed.

The applicant is in jail, therefore, factum of compromise cannot be verified but after release from jail, the factum of compromise can be verified.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the applicant deserved to be allowed.

Accordingly, I.A. No.29006/2021 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the applicant in the sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this revision.

After release of the applicant, parties are directed to appear before the Principal Registrar of the Registry on 13.12.2021 to verify the factum of compromise.

The applicant after being enlarged on bail, shall mark his presence before the registry of this Court on 31/01/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

Certified copy, as per rules.

                                                         (VIVEK RUSIA)
praveen                                                      JUDGE

 PRAVEEN NAYAK
 2021.11.30 10:42:37 +05'30'