Pankaj Agrawal vs Rambabu
2021 Latest Caselaw 5021 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

               CRIMINAL REVISION No. 1691 / 2021
                          PANKAJ Vs. RAMBABU
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INDORE, Dated : 03/09/2021
         Heard through video conferencing.
         Mr. Mukesh Sinjonia, learned counsel for the petitioner.
         Mr. Akhilesh Kumar Saxena, learned counsel for the
respondent.

Heard on I.A.No. 22088/2021, an application for taking documents on record. The documents appears to be necessary for adjudication of the matter. Hence, the application is allowed and documents are permitted to be taken on record.

Also heard on I.A.No. 19801/2021, an application for suspension of execution of remaining jail sentence and grant of bail.

The present revision is arising out of the judgment of conviction dated 14/1/2021 passed by the Judicial Magistrate First Class, Narsingarh, Distt. Rajgarh in Criminal Case No. MP3907001502017. The appellant has been convicted for an offence u/S. 138 of the Negotiable Instrument Act and sentenced to one years RI with fine Rs.6,62,000/- and in default of payment of fine, to further undergo 3 months RI-. The judgment of conviction has been affirmed by the first appellate Court vide judgment dated 20/7/2021 passed by the learned First Addl. Sessions Judge, Narsingarh Distt. Rajgarh in Cr.A.No. 477/2021.

Learned counsel for the appellant has argued before this Court that the Courts below committed legal and factual error by passing the impugned judgment on the basis of conjectures and surmises and making certain presumptions due to which the impugned order deserves to be set aside. The applicant remained on bail during trial and pendency of the appeal. There are lot of contradictions and omissions in the present case and the applicant has been implicated falsely. It is further argued that final hearing of the present revision is likely to take a long time. In such conditions the applicant be released HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CRIMINAL REVISION No. 1691 / 2021 PANKAJ Vs. RAMBABU

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on bail and the execution of remaining jail sentence be suspended during pendency of the present revision. Applicant has deposited Rs.5,00,000/- before the Court below in compliance of the order dated 2/8/2021 passed by this court. Under these circumstances, he prays that applicant be released on bail.

Per contra, learned counsel for the respondent formally opposes the application and prays for its rejection.

Considering the peculiar facts and circumstances of the case and also the fact that applicant was on bail during trial and during pendency of the appeal, final hearing of the present revision is likely to take a long time and the fact that applicant has deposited Rs.5,00,000/-, without commenting upon the merits of the case, this Court is of the considered opinion that the present application deserves to be allowed and is accordingly hereby allowed.

The execution of substantive jail sentence awarded to applicant shall remain suspended and he be released on bail on his furnishing personal bond of Rs.50,000/- (Rs. Fifty thousand) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Office / Registry of this Court on 26/10/2021 and on such other dates as may be fixed in this behalf.

The Revision is admitted for final hearing. Office is directed to requisition the record. List for hearing in due course.

Certified copy, as per Rules.

(ANIL VERMA) JUDGE KR

Digitally signed by KAMAL RATHORE Date: 2021.09.03 14:22:01 +05'30'