Pyarelal Gareha vs Smt. Yashoda Buddhist
2022 Latest Caselaw 989 MP

                                  1
        The High Court Of Madhya Pradesh
                  CRR No. 211 of 2022
              (PYARELAL GAREHA Vs SMT. YASHODA BUDDHIST AND OTHERS)

Jabalpur, Dated : 20-01-2022
      Heard through Video Conferencing.

      Mr.Sushil Kumar Sharma, learned counsel for the applicant.
      Mr.C.L.Sethi, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The revision is admitted for hearing.

Let record of the courts below be requisitioned.

Let notice of this revision be issued to the respondent No.1 on payment of process fee by registered post with acknowledgement due as well as by ordinary mode.

Considered I.A.No.961/2022, which is first application for suspension of sentence and grant of bail on behalf of applicant By the impugned judgment dated 11.1.2022 passed in Criminal Appeal No.12/2021 the Additional Sessions Judge, Jabalpur has convicted the applicant under section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for 03 months and directed the applicant to

pay compensation amount of Rs.1,37,000/- and cost of Rs.3,000/-.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The impugned judgment has been passed without properly appreciating the oral and documentary evidence on record. The applicant was on bail during trial as also during pendency of appeal before appellate Court. The applicant is in custody since the date of judgment. Twenty percent (20%) of the amount of compensation i.e. Rs.27,400/- has been paid vide Receipt No.45 of Book No.55084 on 13.11.2021. Therefore, jail sentence of the applicant be suspended.

Learned Panel Lawyer has opposed the prayer for bail. Considering the over all facts and circumstances of the case; period of

sentence awarded; the applicant was on bail during trial as also before appellate Court; he is in custody since the date of judgment; disposal of appeal would take considerable time, without commenting on merits of the case the application is allowed subject to further deposit of Rs.40,000/- by the applicant within 20 days before the trial Court.

It is directed that on applicant's depositing Rs.40,000/- with the trial

Court within 20 days from today and furnishing a 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 appearance before the trial Court on 05.05.2022 and on all other subsequent dates, as may be fixed by the trial Court in this regard, the remaining part of the substantive jail sentence imposed upon applicant, namely, Pyarelal Gareha shall remain suspended during the pendency of this case and he shall be released on bail.

I.A.No.961/2022 is allowed.

List the case for final hearing in due course

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.01.20 19:08:57 IST