Krishna Chandra Mishra vs Pankaj Kumar Shukla
2023 Latest Caselaw 13223 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                              CRR No. 2805 of 2023
                  (KRISHNA CHANDRA MISHRA Vs PANKAJ KUMAR SHUKLA)

Dated : 14-08-2023
       Shri Ravendra Shukla - Advocate for the applicant.

       None for the respondent - though served.

Heard on admission.

This revision being arguable is admitted for final hearing. Also Heard on I.A. No.15400/2023, which is first application filed

under section 397(1) of Cr.P.C. on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the appellate Court for an offence punishable under Section 138 of the Negotiable Instrument Act 1881 and sentenced to undergo S.I. for six months with fine of Rs.83,650/-, with default stipulation.

Learned counsel for the applicant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on record. The maximum jail sentence awarded to the applicant is six months. The

disposal of this revision will take considerable time, therefore, the jail sentence of the applicant may be suspended and he may be released on bail.

No one has appeared on behalf of the respondent to oppose this application.

Heard learned counsel for the applicant, perused the records and the judgments of the courts below.

Learned counsel for the applicant has argued this application on the ground that the applicant is ready to deposit the whole of compensation amount

awarded by the learned Court of Magistrate.

The respondent has not appeared before this Court despite service of notice by both the modes.

Looking to the overall facts and circumstances of the case and the evidence available on record as well as grounds raised about infirmities in its appreciation and also looking to the proposal made by the applicant, this Court considers it appropriate to suspend the custodial sentence of the applicant and to release him on bail.

Therefore, without commenting on the merit of the case, this application is allowed with a condition that on payment of full amount of compensation

i.e. Rs.83,650/- and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 06.11.2023 and on such other dates as may be fixed in this regard. The applicant shall regularly appear before the trial Court during the pendency of this revision without fail.

It is made clear that if any amount is earlier deposited by the applicant, the same shall be adjusted against the amount of compensation.

List the case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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