Veeran Yadav vs Zila Sahkari Krashi And Gramin ...
2022 Latest Caselaw 861 MP

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          THE HIGH COURT OF MADHYA PRADESH

                        Cr.R. No.189/2022
   (Veeran Yadav Vs. Zila Sahkari Krashi and Gramin Vikas Bank
                 Maryadit Branch Unnav Teh. Datia)
Gwalior, Dated:-18/01/2022
      Matter is heard through video conferencing.

      Shri Ashutosh Pandey, learned counsel for the applicant.

      Let record of Courts below be called for.

      Issue notice to the respondent on payment of process fee

within a period of seven working days by both the modes. Notice be

made returnable within a period of four weeks.

I.A. No.761/2022, an application for condonation of delay in

filing this criminal revision, is taken up for consideration.

For the reasons assigned in the application, I.A. No.761/2022

is allowed.

Delay, if any, in filing this revision is hereby condoned.

Also heard on IA No.776/2022, an application under Section

397(1) of Cr.P.C. for suspension of sentence and for grant of bail.

This Criminal revision assails the judgment dated 02/09/2021

passed in Criminal Appeal No.08/2018 by First Additional Sessions

Judge, Datia, District Datia (M.P.), whereby applicant has been

convicted under Section 138 of Negotiable Instrument Act.

Learned counsel for the applicant submits that the Courts

below have wrongly convicted the applicant. There are lots of

omissions and contradictions in the evidence of the prosecution

witnesses. It is further submitted that the applicant is ready to abide

by any condition which may be imposed by this Court. There are fair

THE HIGH COURT OF MADHYA PRADESH

chances of success in this revision. Applicant is aged around 62 years

and final hearing of this revision shall take considerably long time.

Hence, considering the age of the applicant i.e. around 62 years and

looking to present situation of COVID-19 pandemic, learned

counsel for the applicant prays for suspension of jail sentence and

grant of bail.

After considering the submissions made by learned counsel for

the applicant along with the fact that applicant is aged around 62

years and looking to the facts and circumstances of the case,

I.A.No.776/2022 is hereby allowed and it is directed that if the

applicant deposits 25% of the total amount of compensation awarded

by the court below before the trial Court then the substantive jail

sentence of the applicant shall remain suspended till the final

disposal of this revision and the applicant is directed to be released

on bail on his 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 trial Court for his regular

appearance before the Registry of this Court on 11/04/2022 and on

such subsequent dates as may be fixed by the Registry during

pendency of this Revision.

Certified copy as per rules.

(Rajeev Kumar Shrivastava) Judge Shubhankar*

Digitally signed by SHUBHANKAR MISHRA Date: 2022.01.18 17:46:20 +05'30'