Madhya Pradesh High Court
Pahalvan Singh Chouhan vs Idrish Khan on 2 March, 2022
Author: Anjuli Palo
1
The High Court Of Madhya Pradesh
CRR No. 2941 of 2021
(PAHALVAN SINGH CHOUHAN Vs IDRISH KHAN AND OTHERS)
Jabalpur, Dated : 02-03-2022
Shri Dharmendra Patel, counsel for the applicant.
Ms. Garima Tiwari, Panel Lawyer for the respondent No.2/State.
In respect of office objection, learned counsel for the applicant has filed I.A.
No.3885/2022, which is taken on record. It is submitted that the applicant was
arrested, taken into custody and produced before trial Court on 21.02.2022,
therefore, this revision is maintainable.
Heard on the question of admission.
The revision seems to be arguable, therefore, admitted for hearing.
Let notice of this revision be issued to the respondent No.1 on payment of
process fee within seven working days by registered post with acknowledgement
due as well as by ordinary mode.
Also heard on I.A. No.20130/2021, which is an application for suspension
of sentence and grant of bail to the applicant.
B y the impugned judgment dated 08.09.2021 passed in Criminal Appeal
No.105/2019 the VIth Additional Sessions Judge, Chhatarpur, has convicted the
applicant for offence under section 138 of the Negotiable Instruments Act and
sentenced to undergo R.I. for three months and directed to pay compensation of
Rs.2,90,000/- under Section 357(3) of Cr.P.C.
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 on 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.
Learned Panel Lawyer for the State has opposed the bail application.
Considering the overall facts and circumstances of the case, sentence
awarded to the applicant; final disposal of this revision would take considerable
time, without commenting on merits of the case, the application is allowed.
It is directed on applicant's depositing Rs.1,00,000/- [Rupees One Lakh
Only] out of the aforesaid compensation amount within one month before the trial
Court and on 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 concerned, remaining jail sentence imposed upon the applicant -
Pahalvan Singh Chouhan 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 19.07.2022
and on all such subsequent dates, as may be fixed in this regard by the said Court
during the pendency of this case.
I.A. No.20130/2021 stands disposed of.
Record of the Court 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: 2022.03.02 15:50:04 IST
