Raju @ Rajesh vs Smt. Suman Bai
2022 Latest Caselaw 5646 MP

              1                                 Cr.R.No.1376/2022

               IN THE HIGH COURT OF MADHYA PRADESH

                                 AT INDORE

                             Cr.R. No.1376 of 2022

                  ( Raju @ Rajesh vs. State of Madhya Pradesh)

Dated: 19.04.2022:-

       Shri Yogesh Kumar Gupta, learned counsel for the petitioner.
       Let notices be issued to the respondents on payment of

process fee within a week. Notices be made returnable within further four weeks.

Let the record of the lower court be requisitioned. Also heard on I.A.No.5363/2022, which is an application for suspension of jail sentence of the petitioner.

The petitioner has been convicted by the Second Additional Sessions Judge, Khargone (WN) (M.P.) vide judgment dated 15.03.2022 passed in Cr.A.No.31/2021 and sentenced him as under:-

    Conviction                              Sentence
Section       Act      Imprisonment          Fine         Imprisonment
                                                          in lieu of fine
   138     N.I. Act,     1 year R.I.    Rs.4,64,250/-      1 month S.I.
             1881                              &           07 days S.I.
                                         Rs.18,000/-

Counsel for the petitioner has submitted that the petitioner was on bail during the course of the trial and he has not misused the liberty so granted to him and there is no possibility of the early

hearing of this criminal revision before this Court. He further submits that the petitioner is ready to abide by any condition, which may be imposed by this Court. Under such circumstance, it is prayed that, custodial sentence of the petitioners be suspended during the pendency of this criminal revision.

Counsel for the respondent/State has opposed the prayer and prayed for its rejection.

Considering the rival contentions of the parties, without commenting on the merits of the case, as there is no possibility of early hearing of this criminal revision before this Court, I.A. No.5363/2022 is allowed and it is directed that, on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) by the petitioners with one solvent surety each in the like amount to the satisfaction of the trial Court for his regular appearance before the Registry of this Court firstly on 04/07/2022 and on such subsequent dates as may be fixed by the Registry for the same purpose in future, the petitioners' jail sentence be suspended and they be released on bail.

Certified copy as per rules.

(Subodh Abhyankar) JUDGE moni

Digitally signed by MONI RAJU Date: 2022.04.19 15:52:00 +05'30'