Chhaviram Sharma vs Uco Bank Branch Shuklhari Pargana Darba ...
2023 Latest Caselaw 21822 MP

Madhya Pradesh High Court

Chhaviram Sharma vs Uco Bank Branch Shuklhari Pargana Darba ... on 19 December, 2023

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRR No. 5833 of 2023
                          (CHHAVIRAM SHARMA Vs UCO BANK BRANCH SHUKLHARI PARGANA DARBA DISTRICT GWALIOR MP
                                             (THE BANKING COMPANY EDUCATION AND TRANS)

                          Dated : 19-12-2023
                                 Shri Rajendra Singh Dhakar, learned counsel for the petitioner.

                                 Shri Anant Kumar Bansal, learned counsel for the respondent.

Heard on I.A. No. 22921 of 2023, which is first application under Section 397(1) Cr.P.C. for suspension of sentence and grant of bail filed by the petitioner.

T his revision is preferred by the petitioner accused challenging the judgment dated 7/12/2023 passed by First Additional Sessions Judge, Gwalior, in Criminal Appeal No.67/2023, whereby the appellate Court has confirmed the order dated 28/06/2023 passed by Judicial Magistrate First Class Dabra, District Gwalior in Case No.154/2019 by which the present petitioner has been convicted under Section 138 of the N.I. Act and sentenced to six months R.I. with compensation of Rs.12,71,874/- with default stipulation.

Learned counsel for the petitioner argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. It is further

argued that there are material omissions and contradictions in the statement of prosecution witnesses. Learned counsel for the petitioner submits that petitioner has already been deposited Rs.2,54,374/- on 5.8.2023 and he is ready to deposit remaining amount of 50% out of total amount of compensation of Rs.12,71,874/- imposed upon him. He is in custody since 7.12.2023. Hence, it has been prayed that the petitioner may be released on bail.

On the other hand, learned Public Prosecutor opposed the application and prayed for rejection of the same.

I n view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I.A. No. 22921 of 2023, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail is allowed.

It is directed that the petitioner be released on bail subject to deposit remaining amount of 50% out of total amount of compensation of Rs.12,71,874/- within a period of 15 days from today and on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court on 30.1.2024

and on all other dates which may be given by the Registry for his appearance.

Let record of the trial Court be called for.

List the case for admission after receipt of record. Certified copy/ e-copy as per rules/directions.

(RAJENDRA KUMAR VANI) JUDGE

Ahmad