Shivnandan Jaiswal vs Anil Kumar Gupta
2022 Latest Caselaw 6900 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                              CRR No. 1693 of 2022
                        (SHIVNANDAN JAISWAL Vs ANIL KUMAR GUPTA)

Dated : 07-05-2022
       Mr. B.K. Choubey, learned counsel for the applicant.

       Heard on the question of admission.
       The revision is admitted for hearing.
       Considered I.A.No.7747/2022, which is first application for suspension
of sentence and grant of bail on behalf of the applicant.

       By the impugned judgment dated 09.12.2021 passed by IInd Additional
S e s s i o ns Judge,   Amarpatan,     District    Satna    in     Criminal   Appeal
No.100046/2015 the applicant has been convicted for offence under Section
138 of the Negotiable Instruments Act and Section 357(3) of the Cr.P.C. and
sentenced to undergo R.I for 6 months with compensation of Rs.20,00,000/-
and in default of payment compensation to suffer R.I. for 2 months.
       Learned counsel for the applicant submits that applicant is innocent and
ha s 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 09.12.2021. Final
disposal of this revision would take considerable time. Therefore, sentence of
applicant be suspended and he be released on bail.
       Learned Government Advocate has supported the judgment of
conviction and order of sentence passed by the Courts below.
       Considering the sentence awarded by the learned lower appellate Court
and the fact that final disposal of this revision would take considerable time,
the application for suspension of sentence is allowed.
       I t is directed that if the applicant deposits Rs.8,00,000/- [Rupees
Eight Lac only] before the trial Court within a month 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 applicant- Shivnandan
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                                   Jaiswal 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 05.09.2022 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.

Record of the Courts below be requisitioned. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.05.07 16:36:38 IST