Vijay Vishwakarma vs Prashant Kureel
2022 Latest Caselaw 5673 MP

                                       1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                               CRR No. 1352 of 2022
                          (VIJAY VISHWAKARMA Vs PRASHANT KUREEL)

Dated : 19-04-2022
       Shri Manish Tiwari, counsel for the applicant.

       Heard on admission.
       Admit.
       Heard on I.A. No.6256/2022, which is an application filed by the applicant
for suspension of sentence and grant of bail.
       The applicant has been convicted by the trial Court under Section 138 of the

Negotiable Instruments Act, 1880 and sentenced to R.I. for 6 months with fine of
Rs.2,44,000/- with default stipulation.
       The aforesaid conviction and sentence has been affirmed by the lower
appellate Court.
       Learned counsel for the applicant submits that the trial Court has not
properly appreciated the oral and documentary evidence on record. The sentence
awarded to the applicant is 6 months. The applicant is in custody and revision
would take considerable to dispose of finally. In view of the aforesaid, prayer is
made to suspend the jail sentence of the applicant and to release him on bail.

       Looking to the nature of the offence and period of jail sentence awarded to
the applicant, I deem it to be a fit case to suspend the jail sentence of the applicant,
therefore, without commenting on the merit of the case, this application is allowed.
       It is directed subject to depositing a sum of Rs.1,25,000/- within a period of
one month from today and on furnishing a personal bond in a sum of Rs.50,000/-
[Rupees Fifty Thousand only] with one solvent surety in the like amount to the
satisfaction of the trial Court concerned, the custodial sentence of applicant Vijay
Vishwakarma shall remain suspended and he shall be released on bail.
       The applicant shall appear before the trial Court concerned on 22.8.2022
and on all subsequent dates as may be fixed in this regard during pendency of this
revision, without fail.
       The execution of impugned judgment with respect to remaining fine amount
shall remain stayed till further orders.
                                         2
         Issue notice to the respondent by both the modes on payment of process

fee within seven working days.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

PB

Digitally signed by PRADYUMNA BARVE Date: 2022.04.20 16:30:10 +05'30'