Sunil Sharma vs R.K. Namdev
2022 Latest Caselaw 3697 MP

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           The High Court Of Madhya Pradesh
                     CRR No. 608 of 2022
                             (SUNIL SHARMA Vs R.K. NAMDEV)

Jabalpur, Dated : 15-03-2022
      Mr.M.Shafiqullah, learned counsel for the applicant.
      Record of the courts below have been received.
      Heard on the question of admission.
      The revision is admitted for hearing.
      Considered I.A.No.3087/2022, which is first application for suspension of

sentence and grant of bail on behalf of the applicant.
      By the impugned judgment dated 07.12.2021 passed by Additional Sessions
Judge, Patan, District Jabalpur in Criminal Appeal No.242/2020 the applicant has
been convicted for offence under section 138 of the Negotiable Instruments Act
and sentenced to undergo R.I for one year with compensation of Rs.2,20,000/-
and in default of payment compensation to suffer R.I. for 6 months.
      Learned counsel for the applicant submits that applicant is innocent and has
been falsely implicated in the crime in question. The learned courts below have not
properly appreciated the oral and documentary evidence available on record. The

applicant is in custody since 14.2.2022. He was on bail during trial as well as in
lower appellate Court. Final disposal of this revision would take considerable time.
Therefore, sentence of applicant be suspended and he be released on bail.
      Learned Panel Lawyer has supported the judgment of conviction and order
of sentence passed by the courts below.
      Considering the nature of allegations against the applicant; sentence awarded
b y the learned lower appellate Court; custody period of the applicant; and final
disposal of this revision would take considerable time, the application for
suspension of sentence is allowed.
      It is directed that if the applicant deposits Rs.1,00,000/- [Rupees One Lac
only] before the trial Court within 15 days 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
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                                     sentence   imposed upon applicant-Sunil Sharma shall remain suspended
                                     during the pendency of this case and he shall be released on bail.
                                           The applicant shall appear before the trial Court on 25.07.2022 and on all
                                     such subsequent dates, as may be fixed in this regard.

                                           Let notice of this revision be issued to the respondent on payment of

process fee by RAD as well as ordinary mode within 7 working days.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.03.15 18:26:10 IST