Prashant Jain vs Nemchand Sahu
2022 Latest Caselaw 1697 MP

Citation : 2022 Latest Caselaw 1697 MP
Judgement Date : 7 February, 2022

Madhya Pradesh High Court

Prashant Jain vs Nemchand Sahu on 7 February, 2022

Author: Anjuli Palo

                                   1
        The High Court Of Madhya Pradesh
                 CRR No. 1169 of 2021
                        (PRASHANT JAIN Vs NEMCHAND SAHU)

Jabalpur, Dated : 07-02-2022
      Heard through Video Conferencing.

      Mr. S.K. Pathak, learned counsel for the applicant.
      Ms. Seema Jaiswal, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

This criminal revision is admitted for hearing. Heard on I.A. No.6056/2021 which is first application for suspension

of sentence and grant of bail to the applicant.

T h e applicant stands convicted by the lower appellate Court vide judgment dated 17.03.2021 passed by learned Additional Sessions Judge, Jabalpur in Criminal Appeal No.84/2020 for offence punishable under Section 138 of the Negotiable Instruments Act and has been sentenced till rising of the Court and to pay a compensation of Rs.2 Lacs and costs of Rs.5,000/- to the complainant and in lieu of the same to undergo SI for three months and SI for one month, respectively Learned counsel for the applicant submits that the applicant is innocent

and the impugned judgment passed against him is perverse and illegal. The disposal of this revision would take considerable time. Therefore, he is entitled to be released on bail after suspension of his sentence.

Learned Panel Lawyer for the State has vehemently opposed application for suspension of sentence.

Considering the facts and circumstances of the case and the period of sentence awarded on the applicant, without commenting upon the merits of t h e case, I.A. No.6056/2021 is allowed. It is directed that subject to depositing an amount of Rs.75,000/- (Rupees Seventy Five Thousand only) before the trial Court within fifteen days from today and on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial

Court, for his appearance before the trial Court on 01.07.2022 and on all other subsequent dates, as may be fixed by the trial Court in this regard, the execution of the impugned judgment against the applicant, namely, Prashant Jain shall remain stayed during the pendency of this case.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.02.08 17:03:19 IST