Badamgir vs Jila Sahkari Krisahi And Gramin ...
2022 Latest Caselaw 7442 MP

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                                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                                      AT INDORE
                                                                        CRR No. 1013 of 2022
                                                      (BADAMGIR Vs JILA SAHKARI KRISAHI AND GRAMIN VIKAS BANK MARYADIT)

                                            Dated : 19-05-2022

                                                  Mr. Aniruddha Saxena, learned counsel for the applicant.

                                                  Mr. Hitendra Tripathi, learned P.L. for the State.
                                                  None for the respondent though served.

Heard on I.A.No.4585/2022 which is application under section 5 of the Limitation Act.

As per office report, there is delay of 841 days in filing the revision petition. The application is supported by the affidavit.

On due consideration of the reasons assigned in the application, I.A.No. 4585/2022 is allowed and delay in filing the revision stands condoned.

Heard on IA No.4584/2022, which is first application filed under Section 397(2) of Cr.P.C for suspension of jail sentence on behalf of the applicant- Badamgir.

The applicant has been convicted under section 138 of the N.I. Act and has been sentenced to undergo 03 months SI with compensation of Rs.80,000/-

and in lieu of fine, one month SI vide judgment dated 24.08.2019 passed in Criminal Appeal No.348/2016 by I Additional Session Judge, Rajgarh thereby affirming the order dated 6.08.2016 passed in criminal case No.19/2010 by JMFC, Rajgarh.

Learned counsel for applicant submits that the applicant has been convicted under section 138 of the N.I. Act and has been sentenced to Signature Not VerifiedDigitally signed by SAN MUKTA

undergo 3 months SI with default stipulation. Applicant has deposited the entire CHANDRASHEKHA R KOUSHAL Date: 2022.05.20 10:54:00 IST

compensation amount in the trial court. The arrest warrant has been issued

against him and he has been taken into custody w.e.f. 8.3.2022. Applicant is a 60 years old person. Final hearing of the revision is likely to take time. Hence, he prays that the applicant be released on bail and the execution of their remaining jail sentence be suspended till the final disposal of this revision.

Nobody has appeared on behalf of the respondent. Taking into consideration that applicant has deposited the entire compensation amount and also the fact that there is no likelihood of final hearing of the present revision in near future, therefore, this Court is of the considered opinion that it is a fit case for suspension of remaining jail sentence of applicant.

It is directed that execution of the renaming jail sentence of applicant is hereby suspended and it is ordered that the applicant be released on bail on furnishing personal bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with separate solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Registry of this Court on 12.10.2022 and all other subsequent dates, as may be fixed in this behalf by the Registry during pendency of this revision.

With the aforesaid, IA 4584/2022 stands disposed of. Certified copy as per rules.

(ANIL VERMA) V. JUDGE

MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN MUKTA CHANDRASHEKHA R KOUSHAL Date: 2022.05.20 10:54:00 IST