Milind Shroti vs Prakash Kumar Bhurrak
2022 Latest Caselaw 13509 MP

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                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                CRR No. 3880 of 2022
                                                          (MILIND SHROTI Vs PRAKASH KUMAR BHURRAK)

                                   Dated : 13-10-2022
                                         Shri D.K. Trivedi, learned counsel for the applicant.

                                         Heard on I.A. No.18940/2022, which is an application for suspension
                                   of sentence and grant of bail to the applicant.
                                         By the impugned judgment dated 06.09.2022 passed in Criminal Appeal
                                   No.11/2022 by the Additional Sessions Judge, Patan, Jabalpur has convicted
                                   the applicant for offence under Section 138 of the Negotiable Instruments Act

                                   and sentenced to undergo S.I. for one year and directed to pay compensation
                                   of Rs.10,00,000/- 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. It is also submitted that
                                   applicant has paid the amount of Rs.10,00,000/- to the respondent through

cheque No.449299 dated 30.04.2021. 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, therefore, the custodial sentence of the applicant may be suspended and he may

be released on bail.

Considering the overall facts and circumstances of the case, sentence awarded to the applicant and taking into account that a sum of Rs.10,00,000/- has already been paid to the respondent and final disposal of this revision would take considerable time, without commenting on merits of the case, the Signature Not Verified SAN application is allowed.

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.10.13 18:06:15 IST I t is directed that on furnishing a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon the applicant - Milind Shroti shall remain suspended during the pendency of this case and he shall be released on bail for securing his presence before the trial Court on 22.02.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

I.A. No.18940/2022 stands disposed of. Let notice of this revision be issued to the respondent on payment of process fee within seven working days by registered post with acknowledgement due as well as by ordinary mode.

Record of the Court below be requisitioned. List the case for admission after 08 weeks.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.10.13 18:06:15 IST