Ayub vs Jaswant
2022 Latest Caselaw 453 MP

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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
 (SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
                 CRR No.3435/2021
                 (Ayub Vs. Jaswant)

Date: 10.01.2022 INDORE:
      Shri Ayush Agrawal, learned counsel for the Petitioner .
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On payment of P.F.within seven working days, notice be issued to the respondent. Notice be made returnable within four weeks.

Heard on IA No. 29916/2021, which is first application under Section 397(2) of the Code of Procedure for suspension of jail sentence and for grant of bail filed on behalf of the applicant- Ayub.

Applicant has filed this revision petition against the judgment dated 06.08.2021 passed by Additional Judge to the Court Additional Sessions Judge, Dharampuri in Criminal Appeal No.16/2020, whereby the learned appellate Court has maintained the judgment dated 26.04.2017 passed in Criminal Case No.853/2015 by Judicial Magistrate First Class, Dharampuri, convicting the applicant under Sections 138 of N.I. Act and sentenced him to undergo 10 months S.I., and to pay compensation of Rs. 82,000/-.

Learned counsel for the applicant submits that the applicant was on bail during trial as well in the appeal and he did not misuse the liberty so granted to him. There are fair chances of success of this revision petition and there is no likelihood of hearing of this petition in near future. If the remaining custodial sentence of the applicant is not suspended, then revision filed by him may turn infructuous.

The applicant is ready to deposit the Rs. 25,000/- of the compensation amount before the trial court. Under these

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circumstances, he prays for suspension of custodial sentence of the applicant.

Considering the facts and circumstances of the case and short sentence is involved in the matter and the fact that petition is likely to take time for final hearing, IA No. 29916/2021 is allowed and the jail sentence alone passed against the applicant shall remain suspended subject to deposit of Rs.25,000/- of the compensation amount .The applicant is directed to be released on bail upon him furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before this registry of this Court on 22.09.2022 and on such further dates as may be fixed in behalf by the Registry during pendency of this petition.

Record of both the courts below be called for. Certified copy as per Rules.

( VIVEK RUSIA ) JUDGE praveen

PRAVEEN NAYAK 2022.01.11 14:27:37 +05'30'