Deviram vs Ashok Jaiswal
2022 Latest Caselaw 13510 MP

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                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                               CRR No. 3850 of 2022
                                                                (DEVIRAM Vs ASHOK JAISWAL)

                                   Dated : 13-10-2022
                                         Shri Ranjan Banerjee, learned counsel for the applicant.

                                         Heard on I.A. No.18808/2022, which is an application for suspension
                                   of sentence and grant of bail to the applicant.
                                         By the impugned judgment dated 20.01.2022 passed in Criminal Appeal
                                   No.116/2019 by the Additional Sessions Judge, Gauharganj, District Raisen has
                                   convicted the applicant for offence under Section 138 of the Negotiable

                                   Instruments Act and sentenced to undergo R.I. for six months and directed to
                                   pay compensation of Rs.2,00,000/- 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. Applicant is in jail. 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 final disposal of this
                                   revision would take considerable time, without commenting on merits of the
                                   case, the application is allowed.
                                         I t is directed that subject to depositing the fine amount, if not already
                                   deposited    and   further depositing Rs.75,000/- [Rupees Seventy Five
Signature Not Verified
  SAN                              Thousand only] within a month before the trial Court and on furnishing a
Digitally signed by RAJESH KUMAR
JYOTISHI
Date: 2022.10.13 18:06:15 IST
                                   personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with
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                                   one surety in the like amount to the satisfaction of the trial Court concerned, the
                                   custodial sentence of applicant shall remain suspended 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.18808/2022 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