Ganesh Patel vs Umakant Rajoriya
2023 Latest Caselaw 21814 MP

Madhya Pradesh High Court

Ganesh Patel vs Umakant Rajoriya on 19 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRR No. 5191 of 2023
                                                   (GANESH PATEL Vs UMAKANT RAJORIYA)

                          Dated : 19-12-2023
                                Shri Premendra Sen - Advocate for applicant.

                                Shri V.P. Singh - Advocate for respondent.

Heard on IA No. 26192/2023, which is an application filed under Section 5 of Limitation Act for condonation of delay in filing the revision.

Looking to the reasons assigned in the application, which is also

supported with the affidavit of Amit Patel, sufficient cause is made out to condone the delay.

Accordingly, IA No. 26192/2023 stands allowed and delay in filing the criminal revision is hereby condoned.

Also heard on admission.

Revision is admitted for final hearing.

Further heard on I.A. No.26191/2023, this is first application for suspension of sentence and grant of bail filed under Section 397(1) of Cr.P.C. on behalf of applicant

T h e applicant has been convicted vide judgment dated 23/09/2015 passed by Second Additional Sessions Judge, Sagar in Criminal Appeal No. MJC 21/2015, whereby appeal preferred by applicants against judgment dated 09/07/2015 passed by Judicial Magistrate First Class, Sagar in Complaint Case SC NIA No. 444/2013 got dismissed by affirming the judgment and applicant has been convicted for offence punishable under Section 138 of Negotiable Instruments Act and sentenced to undergo SI for 6 months year and to pay compensation of Rs.13,50,000/- 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. Applicant is ready to deposit Rs.3,50,000/- under protest before the trial Court. 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 applicants and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case coupled with the fact that applicant is ready to deposit Rs.3,50,000/- under protest before the trial Court 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- Ganesh Patel shall remain suspended during the pendency of this revision and he be released on bail subject to depositing Rs.3,50,000/- under protest before the trial Court 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 C o urt 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 appeal.

List the revision for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

skt