Manish Jiwanani vs Touhid Qureshi
2022 Latest Caselaw 2384 MP

                                     1
           The High Court Of Madhya Pradesh
                     CRR No. 551 of 2022
                          (MANISH JIWANANI Vs TOUHID QURESHI)

Jabalpur, Dated : 21-02-2022
       Shri Sourabh Bhushan Shrivastav, counsel for the applicant.

       Ms. Garima Thakur, Panel Lawyer for the State.
       Appeal is within time, hence no order is required to be passed on I.A.No.
2844/2022, application for condonation of delay.
       Heard on the question of admission.
       Revision is admitted for hearing.

       Issue notice to the respondent on payment of process fees within seven

working days by both the modes.

Also heard on I.A.No.2843/2022, which is first application under Section 397(1) of the Code of Criminal Procedure on behalf of applicant for suspension of sentence and grant of bail.

Applicant stands convicted vide impugned judgment dated 17.01.2020 in CRA No. 195/2019 passed by Seventh Addl. Sessions Judge, District Bhopal, arising out of the judgment and findings dated 08.03.2019 passed by Judicial Magistrate First Class, Bhopal in RCT No. 3896/2017, convicting the applicant for

the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo R.I. for one year with fine of Rs. 25,000/- and default stipulation.

Learned counsel for the applicant submitted that the sentence awarded to the applicant is of one year. Final disposal of this application would take considerable time, hence it is prayed that the substantive jail sentence of the applicant be suspended and he be released on bail.

Learned Panel Lawyer for the State has strongly opposed the prayer for suspension of sentence.

Considering the overall facts and circumstances of the case, and the quantum of sentence awarded to the applicant, without commenting on merits, the application is allowed.

It is directed that subject to deposit of Rs. 3 lakhs (Rupees Three Lakhs)

towards fine/compensation within 15 days from the date of this order and on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh Only) with a solvent surety in the like amount to the satisfaction of the trial Court, the remaining jail sentence imposed upon applicant-Manish Jiwanani shall remain

suspended during the pendency of this case and he shall be released on bail.

The applicant shall appear before the trial Court concerned on 08.07.2022 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.2843/2022 is allowed and disposed of. Record of the Courts below be called for.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE vidya Digitally signed by SREEVIDYA Date: 2022.02.21 17:08:39 +05'30'