Tasleem Khan vs Rajiv Paul
2022 Latest Caselaw 2851 MP

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           The High Court Of Madhya Pradesh
                     CRR No. 538 of 2022
                             (TASLEEM KHAN Vs RAJIV PAUL)

Jabalpur, Dated : 28-02-2022
      Shri Harshwardhan Singh Rajput, learned counsel for the applicant.

      Shri Amit Dubey, learned counsel for the respondent.

Heard on I.A.No.2779/2022, an application for condonation of delay. Application is duly supported by affidavit of brother of the applicant.

As per the office report, the revision is time barred by 1248 days. Considering the reasons mentioned in the application, I.A.No. 2779/2022 is

allowed. Delay in filing the revision is hereby condoned.

Also heard on the question of admission.

Revision is admitted for final hearing.

Also heard on I.A.No.2781/2022, which is first application filed on behalf of applicant for suspension of sentence and grant of bail.

B y the impugned judgment dated 11.07.2018 passed in Criminal Appeal No.14/2018 the 19th Upper Sessions Judge, Bhopal has convicted the applicant for offence under section 138 of the Negotiable Instruments Act and Section 359 of Cr.P.C. and sentenced to undergo R.I. for one year and directed to pay

compensation of Rs.1,94,000/- under Section 357(3) of Cr.P.C. and cost of Rs.10,000/-.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant is in custody. The applicant was bail during trial. The impugned judgment has been passed without properly appreciating the oral and documentary evidence available on record. Final disposal of instant revision would take considerable time.

On perusal of page 36 of paper book of this case, which is copy of order of trial Court dated 08.02.2022, it appears that applicant has already paid Rs.2,00,000/- to the respondent.

Learned counsel for the respondent has no objection, if applicant be released on bail. In this regard, he has also filed affidavit of the respondent, which is on record.

Considering the over all facts and circumstances of the case; sentence awarded to the applicant; and final disposal of this revision would take considerable time, without commenting on the merits of the case, I.A. No.2781/2022 is allowed.

It is directed that on 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 Court below, the remaining jail sentence imposed upon applicant

- Tasleem Khan 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 18.07.2022 and on all such subsequent dates, as may be fixed in this regard by the said Court during the pendency of this case.

Record of the Courts below be requisitioned. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.02.28 17:33:13 IST