Madhya Pradesh High Court
Murlidhar vs Jagdish on 26 May, 2022
Author: Prakash Chandra Gupta
1
CRR No.-1940-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
Criminal Revision No.1940/2022
(Murlidhar vs. State of Madhya Pradesh)
Dated : 26-05-2022
Shri Mithilesh Pd. Tripathi, learned counsel for the applicant.
Shri Amit Garg, learned Panel Lawyer for the respondent
No.2/State.
Since the case is listed today, therefore, I.A. No.9710/2022,
application for urgent hearing during summer vacation stands disposed of.
Let records of both the Courts below be requisitioned.
Issue notice to respondent No.1, on payment of process fee within a
week. Notice be made returnable in four weeks.
Heard on I.A. No.9708/2022- application for suspension of sentence
and grant of bail filed on behalf of applicant Murlidhar.
This revision has been preferred against the judgment dated
21.03.2022 passed by IInd Additional Sessions Judge, Burhanpur in
Criminal Appeal No.16/2021 whereby the applicant's appeal preferred
against the judgment dated 25.02.2020 of Judicial Magistrate First Class,
Burhanpur passed in SC-NIA-237/2018, was partly allowed. As an
obvious consequence, the applicant stands convicted for commission of an
offences punishable under Section 138 of the Negotiable Instruments Act
and has been sentenced to undergo R.I. for 3 months with compensation of
Rs. 40,625/-.
Learned counsel for the applicant submits that accused/applicant is
in jail since 27.04.2022 and has served out approximately one month of
Signature Not Verified
SAN jail sentence. He further submits that there are fair chances to succeed in
Digitally signed by ASHISH KUMAR JAIN
Date: 2022.05.27 12:09:49 IST
CRR No.-1940-2022
the case. Final hearing of this revision will take time. If the applicant is
not released on bail, the purpose of filing this revision will be frustrated.
Therefore, the period of remaining jail sentence of the applicant may be
suspended and he be released on bail.
Learned Panel Lawyer for the respondent/State on the other hand
has opposed the application.
Considering the short sentence awarded by the trial Court and
looking to the facts and circumstances of the case, without expressing any
opinion on the merits of the matter, I.A. No.9708/2022 is allowed.
It is directed that on deposit of entire fine amount/compensation
awarded by the trial Court, if not already deposited and on furnishing
personal bond to the tune of Rs.25,000/- (Rupees Twenty Five Thousand
only) with one surety in the like amount to the satisfaction of the Trial
Court for appearance of the applicant before the Trial Court on 30.08.2022
and on subsequent dates as may be fixed by the trial Court, the execution
of substantial jail sentence imposed on the applicant namely Murlidhar
shall remain suspended, till final disposal of this revision.
List the case for admission after receipt of the records.
Certified copy as per rules.
(PRAKASH CHANDRA GUPTA)
V. JUDGE
@shish
Signature Not Verified
SAN
Digitally signed by ASHISH KUMAR JAIN
Date: 2022.05.27 12:09:49 IST
