Manish Soni vs Memars Prakash Light House Farm
2023 Latest Caselaw 20729 MP

Madhya Pradesh High Court

Manish Soni vs Memars Prakash Light House Farm on 7 December, 2023

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRR No. 5459 of 2023
                                           (MANISH SONI Vs MEMARS PRAKASH LIGHT HOUSE FARM)

                          Dated : 07-12-2023
                                Shri Mahesh Acharya - Advocate for applicant.

                                Heard on the question of admission.
                                Revision is admitted for hearing.
                                On payment of process fee within seven working days, let notice be
                          issued to respondent on IA No.27862 of 2023, which is an application for

condonation of delay.

Notice be made returnable within four weeks.

Also heard o n I.A. No.27463/2023, this is the first application for suspension of sentence and grant of bail filed under Section 397 of Cr.P.C. on behalf of applicant.

T h e applicant has been convicted vide judgment dated 25.03.2023 passed by Additional Sessions Judge, Special Court (Electricity Act) No.9, District Jabalpur in Criminal Appeal No.154/2022, whereby the appeal preferred by applicant against judgment dated 21.06.2022 passed by Judicial Magistrate

First Class, Jabalpur District Jabalpur in SC NIA No.4158/2015 got dismissed by affirming the judgment passed by trial Court and applicant has been found guilty for commission of offence punishable under Section 138 of Negotiable Instruments Act and sentenced to undergo RI for six months and to pay fine amount amount of Rs.3,30,000/- with usual default stipulations.

It is submitted by the counsel for the applicant that the applicant is ready to deposit 30% of compensation amount before the trial Court under protest. It is further submitted that there is no likelihood of revision being taken up for

final hearing. Under such circumstances, sentenced of the applicant may be suspended.

Considering overall facts and circumstances of the case coupled with the fact that applicant is ready to deposit 30% of compensation amount before the trial Court and there is no likelihood of early hearing of the revision in near future, however, without touching merits of the matter, applicant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.27463/2023 stands allowed and it is directed that the jail sentence of applicant shall remained suspended during pendency of present revision petition and he be released on bail on depositing 30% of the

fine amount and the amount already deposited by the applicant in this regard shall be adjusted from the said amount and also on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Applicant is directed to appear before the trial Court first on 24.01.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(PRAMOD KUMAR AGRAWAL) JUDGE

DPS