Naveen vs Dinesh
2022 Latest Caselaw 16218 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     CRR No. 4641 of 2022
                                                         (NAVEEN Vs DINESH)

                           Dated : 07-12-2022
                                Shri Mitesh Jain, learned counsel for the petitioner.

                                None for the respondent.

Heard on the question of admission. Admit.

Record of the Courts below be requisitioned. Also heard on I.A.No.15649/2022 which is first application under Section 397 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the petitioner.

The petitioner has been convicted for offence under Section 138 of Negotiable Instruments Act and sentenced to 3 months RI and under Section 357(3) of Cr.P.C. compensation of Rs.3,20,163/- has been awarded and, in

lieu of payment of compensation, 2 months further R.I.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present crime. The learned Court below has not appreciated the evidence in right perspective and also failed to consider material contradictions and omissions in Signature Not Verified Signed by: PREETHA NAIR Signing time: 08-12-2022 17:11:30

the evidence of the witnesses. He further submits that petitioner has deposited 20% of the compensation amount on 15/09/2022. The petitioner is in custody since the date of judgment i.e. 29/11/2022. The r e are fair chances of success of this revision petition and there is no likelihood of early hearing of this petition in near future. If the remaining custodial sentence of the petitioner is not suspended, then revision filed by him may turn infructuous. Under these

circumstances, looking to the short sentence, counsel prays for suspension of remaining jail sentence and grant of bail to the petitioner.

Learned counsel for the respondent/State on the other hand, has o p p o s e d the prayer by submitting that no sufficient ground is made out for releasing the petitioner on bail, hence the application filed by the petitioner be dismissed.

Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the parties, the quantum of sentence imposed upon the petitioner, this Court is of the considered opinion that the application for suspension of jail sentence filed on behalf of petitioner Signature Not Verified Signed by: PREETHA NAIR Signing time: 08-12-2022 17:11:30

deserves to be allowed.

Accordingly, I.A.No.15649/2022 filed on behalf of petitioner is allowed and it is directed that on his depositing 50% of the remaining cheque amount within a period of 15 days and rest of the remaining 50% of the cheque amount within a period of further 15 days thereafter and subject to furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial Court, the execution of jail sentence of the petitioner shall remain suspended, till the final disposal of this revision for his appearance before the Registry of this Court on 11.01.2023 and thereafter on all such subsequent dates, as may be fixed by the Registry in this regard.

Since the petitioner has already paid 20% of the compensation/cheque amount, therefore, it is made clear that if any amount has been deposited by the petitioner then

the same shall be adjusted.

I.A. No.15649/2022 stands allowed and disposed off. List the matter for final hearing in due course. Cc as per rules.

Signature Not Verified Signed by: PREETHA NAIR Signing time: 08-12-2022 17:11:30

(RAJENDRA KUMAR (VERMA)) JUDGE

pn

Signature Not Verified Signed by: PREETHA NAIR Signing time: 08-12-2022 17:11:30