Garibdas Mehtar vs Jila Antyavasayi Sahkari Vikas ...
2022 Latest Caselaw 16858 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRR No. 4471 of 2022
                                    (GARIBDAS MEHTAR Vs JILA ANTYAVASAYI SAHKARI VIKAS SAMITI MARYADIT)

                          Dated : 19-12-2022
                                Mr. Ashfaq Khan, learned counsel for the petitioner.

                                Heard on I.A. No. 18114 of 2022, an application under Section 397 (1)
                          of CrPC for suspension of jail sentence and grant of bail to the petitioner.
                                The revision has been preferred by the petitioner under Section 397/401
                          o f the Cr.P.C. against the impugned judgment dated 25.8.2022 in Cr.A.No.
                          87/2018 passed by First Additional Sessions Judge, Datia (M.P.) affirming the

                          judgment of conviction and sentence dated 20.6.2018 passed in Criminal Case
                          No. 1184/2013 by Judicial Magistrate First Class, Datia, whereby petitioner has
                          been convicted for the offence punishable under Section 138 of Negotiable
                          Instruments Act and sentenced to undergo simple imprisonment of six months
                          and fine of Rs.3,01,500/- In case of failure in depositing the fine amount,
                          petitioner was further sentenced to undergo rigorous imprisonment of six
                          months.
                                Learned counsel for the petitioner argued that the Courts below have
                          wrongly appreciated the evidence and convicted the petitioner. It is further

                          submitted that the petitioner has already suffered ten and half months of
                          incarceration out of the total jail sentence. There is bleak possibility of final
                          hearing of this revision in near future. Therefore, it has been prayed that the
                          petitioner be released on bail.
                                Heard learned counsel for the petitioner and perused the available record.
                                In view of the facts and circumstances of the case, but without
                          expressing any opinion on the merits of the case, the application (I.A. No.
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 19-Dec-22
6:12:08 PM
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                          18114 of 2022) is allowed.
                                It is directed that the petitioner be released on bail on his furnishing a
                          personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one
                          surety in the like amount to the satisfaction of the concerned trial Court. The
                          petitioner shall now appear before the Registry of this Court 08.2.2023 and on
                          all other dates which may be given by the Office for his appearance.
                                Let notice be issued to the respondent by registered as well as ordinary

modes on payment of process fee within seven working days. Notice be made returnable within four weeks.

List thereafter.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 19-Dec-22 6:12:08 PM