Trilok Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 5859 MP

             THE HIGH COURT OF MADHYA PRADESH
                              1
                       Cr.R. No. 2259/2021
                ( Trilok Sharma Vs The State of M.P.)

Gwalior, Dated : 22/09/2021
       Shri Anshu Gupta, learned counsel for the petitioner.

      Shri Devendra Choubey, learned Public Prosecutor for the
respondents-State.

Heard on admission.

Admit.

Record of the Trial Court be requisitioned.

Heard on I.A. No 28317/2021, an application for suspension of sentence and grant of bail to the petitioner.

This revision is directed against the appellate judgment dated 18/02/2021 passed by Additional Sessions Judge, Sheopur (M.P.) in Cr. Appeal No. 23/2019, whereby conviction of the petitioner for the offence punishable under Section 138 of the Negotiable Instrument Act, as recorded by Judicial Magistrate First Class, Sheopur (M.P.) vide judgment dated 18/04/2019 passed in Cr. Case No.1100251/2016, and consequent sentence of six months SI with compensation amount of Rs. 1,56,875/-, was affirmed.

Learned counsel for the petitioner submits that the petitioner was on bail during trial and appeal and has never misused the liberty so granted. It is submitted that if released on bail, there is no possibility of his absconsion. Petitioner cannot be kept in custody for an unlimited period. It is further submitted that entire compensation amount, as directed by the Trial Court has already been deposited. In view of COVID-19, outbreak detention of petitioner in already congested prisons may be detrimental. An THE HIGH COURT OF MADHYA PRADESH

Cr.R. No. 2259/2021 ( Trilok Sharma Vs The State of M.P.)

early hearing of this criminal revision is not possible.

Learned Public Prosecutor opposed the aforesaid IA.

Keeping in view the aforesaid prayer of learned counsel for

the petitioner and the facts & circumstances of the case , this Court

is inclined to extend the benefit of bail to the petitioner. I.A.

No.28317/2021 is allowed.

It is, therefore, directed that if petitioner deposits the entire

compensation amount, if not already deposited, and furnish a

personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand

only) with one local solvent surety in the like amount to the

satisfaction of trial Court for his appearance before the Registry of

this Court on 6th December, 2021 and on such subsequent dates as

may be fixed in this regard, sentences of imprisonment awarded to

him shall remain suspended till further orders and he shall be

released on bail.

The petitioner shall also furnish a written undertaking that he

will abide by the terms and conditions of various circulars, as well

as, orders issued by the Central Government, State Government and

local administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation THE HIGH COURT OF MADHYA PRADESH

Cr.R. No. 2259/2021 ( Trilok Sharma Vs The State of M.P.)

of Corona virus.

A copy of this order be sent to the trial Court concerned for

compliance. Certified copy as per rules.

(S.A.Dharmadhikari) JUDGE Prachi

PRACHI MISHRA 2021.09.22 17:13:28 +05'30'