Radheshyam Tembhre vs Rajkumar Maskhare
2022 Latest Caselaw 8560 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             CRR No. 16 of 2021
                   (RADHESHYAM TEMBHRE Vs RAJKUMAR MASKHARE)

Dated : 28-06-2022
      Mr. Lal Achyutendra Singh Baghel, learned Advocate for the applicant.

      Heard on the question of admission.
      The revision is admitted for hearing.
      Heard on I.A. No.568/2021, an application for condonation of delay.
      The revision is barred by 1665 days. This has been filed by the accused
against his conviction under Section 138 of Negotiable Instruments Act. Hence,

for the reasons stated in the application and having heard learned counsel for
the appellant, this Court finds sufficient grounds have been made out and delay
has been explained satisfactorily. Accordingly, I.A. No.568/2021 is allowed,
delay in filing the appeal is condoned.
      Also    heard    on I.A.No.145/2021, which is first application for
suspension of sentence and grant of bail on behalf of applicant- Radheshyam
Tembhre.
      By the impugned judgment dated 25.05.2015 passed by Learned Second
Additional Sessions Judge, Waraseoni, District- Balaghat in Criminal Appeal

No.245/2013 arising out of the judgment and findings dated 04.12.2013 passed
b y Judicial Magistrate First Class, Waraseoni, District- Balaghat in Complaint
Case No.344/2012, the applicant has been convicted for offence under Section
138 of the Negotiable Instruments Act and sentenced to undergo RI for six
months with fine of Rs.1,10,000/- with default stipulation.
      Learned counsel for the applicant has         submitted that applicant is
innocent and he has been falsely implicated in the crime in question. As per
                                                                         2
                                    report received from sub-jail Waraseoni dated 05.06.2021, the applicant has
                                    deposited an amount of Rs.50,000/- on 21.02.2014 and on 24.02.2021 he has
                                    deposited 60,000/- as per receipt No.25/42454. This report has not been
                                    challenged or opposed by the respondent counsel till now.            It is further

contended that the applicant is in custody for about seven months and fourteen days and final disposal of this revision would take considerable time, therefore, it is prayed to suspend the sentence of the applicant.

Considering the overall facts and circumstances of the case as well as the age of the applicant is about 48 years and the fact that disposal of this revision would take considerable time, without commenting on merits of the case, the

I.A.No.145/2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon the applicant- Radheshaym Tembhre shall remain suspended during the pendency of this case and he shall be released on bail.

The applicant shall appear before the concerned trial Court on 07.11.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this revision.

List the case for final hearing in due course. Record of the trial Court be called for.

(SMT. ANJULI PALO) JUDGE

Signature Not Verified SAN AT

Digitally signed by APARNA TIWARI Date: 2022.06.29 15:19:28 IST