Smt Laxmi Srivas vs Manoj Kushwah
2021 Latest Caselaw 5072 MP

                                                                 1                            CRR-2007-2021
                                        The High Court Of Madhya Pradesh
                                                   CRR-2007-2021
                                                      (SMT LAXMI SRIVAS Vs MANOJ KUSHWAH)

                                 1
                                 Jabalpur, Dated : 06-09-2021

                                       Shri Rajiv Jain, counsel for the applicant through video
                                 conferencing.
                                       Heard on admission.
                                       Admit.

                                       Let record of the Courts below be requisitioned.
                                       Let notice of this criminal revision be issued to the respondent

by RAD as well as ordinary mode, returnable in six weeks.

Let requisites for the same be filed within a week. Heard on I.A.No.15455/2021, an application for suspension of sentence and grant of bail filed on behalf of applicant.

A perusal of the impugned judgment reveals that applicant stands convicted under Section 138 of the N.I. Act, 1881 and has been sentenced to undergo rigorous imprisonment for a period of one year with fine in the sum of Rs.60,000/- with default stipulation.

I t is submitted by the learned counsel for applicant that the applicant was on bail during trial and it is not alleged that she misused the liberty granted in this regard. It is further submitted that there is no chance of early hearing of this revision and it will take a considerable time for final disposal, therefore, the applicant may be released on bail.

Keeping in view the facts and circumstances of the case and the facts that the applicant has been convicted for sentence of 1 year, she was on bail during trial and has not misused the liberty granted to her, without expressing any opinion on the merits of the matter, I find it to be a fit case for suspending the sentence and enlarging applicant on bail.

Accordingly, the application is allowed and it is directed that Signature Not Verified subject to depositing the complete fine amount of Rs.60,000/- the SAN

Digitally signed by MOHD AHMAD Date: 2021.09.07 16:53:52 IST 2 CRR-2007-2021 execution of jail sentence of applicant shall remain suspended and she be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court for her appearance before the Registry of this Court on 05.01.2022 and thereafter on such other dates as may be directed by the office.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.

List the revision for final hearing in due course. Certified copy as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

ahd

Signature Not Verified SAN

Digitally signed by MOHD AHMAD Date: 2021.09.07 16:53:52 IST