Mustaq And Fattu vs Bhanupratap
2023 Latest Caselaw 21812 MP

Madhya Pradesh High Court

Mustaq And Fattu vs Bhanupratap on 19 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRR No. 5737 of 2023
                                                   (MUSTAQ AND FATTU Vs BHANUPRATAP)

                          Dated : 19-12-2023
                                 Shri Aman Pandey - Advocate for applicant.

                                 Shri Sharad Shukla - Advocate for respondent.

Heard on question of admission.

Revision is admitted for final hearing.

Let record of courts' below be called for.

Also heard on I.A. No.28898/2023, t h is is first application for suspension of sentence and grant of bail filed under Section 397(1) of Cr.P.C. on behalf of applicant- Mustaq @ Fattu.

T h e applicant has been convicted vide judgment dated 03/03/2023 passed by Fourth Additional Sessions Judge, Gadarwara District Narsinghpur in Criminal Appeal No. 30/2019, whereby appeal preferred by applicant against judgment dated 28/06/2019 passed by Judicial Magistrate First Class, Gadarwara, District Narsinghpur in SC NIA No. 480/2014 got dismissed by affirming the judgment and applicant has been convicted for offence punishable

under Section 138 of Negotiable Instruments Act, 1881 and sentenced to undergo RI for 1 year and to pay compensation of Rs.1,00,000/- with usual default stipulations.

Learned counsel for the applicant submits that the appellate Court as well a s trial Court have not properly appreciated the evidence in its proper perspective and committed grave error in convicting the applicant for aforesaid offence. There are fair chances of success of this revision and final hearing of same will take considerable time, therefore, if remaining custodial sentence has

not been suspended, then the revision filed by applicant may turn infructuous. Under these circumstances, learned counsel for applicant prays for suspension of jail sentence and release of the applicant on bail till the final disposal of the appeal.

O n the other hand, learned counsel for respondent has opposed the contention raised by learned counsel for applicant and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case coupled with the fact that short sentence of one year RI involved in the matter and according to listing policy the hearing of this revision will take time, the

application is allowed and it is directed that the execution of the remaining jail sentence passed against applicant- Mustaq @ Fattu shall remain suspended during the pendency of this revision and he be released on bail subject to depositing 50% of compensation amount and amount already deposited by the applicant shall be adjusted from the said amount and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for securing his presence appearance before the trial Court on 02/01/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this revision.

List the revision for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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