Sushel Kumar Bichpuriya vs Kamlesh Kumar Nishad
2023 Latest Caselaw 21992 MP

Madhya Pradesh High Court

Sushel Kumar Bichpuriya vs Kamlesh Kumar Nishad on 20 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRR No. 5811 of 2023
                                            (SUSHEL KUMAR BICHPURIYA Vs KAMLESH KUMAR NISHAD)

                           Dated : 20-12-2023
                                 Shri Sanjay Kumar Bakshi - Advocate for the applicant.


                                 On payment of process fee within seven working days, notice be issued
                           to the respondent. Notice be made returnable within four weeks.

Heard on I.A. No.29282/2023, which is the first application for suspension of the custodial sentence passed against the applicant and release

him on bail.

This revision has been filed against the judgment dated 08.12.2023 passed in CRA No.83/2023 by Second ASJ to the Court of First ASJ, District Katni arising out of judgment dated 20.07.2023 in SCNIA No.126/2021 by JMFC First Class, District Katni whereby the applicant has been convicted under Section 138 of the NI Act and sentenced to undergo SI for 4 months and fine/compensation Rs.5,61,375/- with default stipulation.

Learned counsel for the applicant submitted that learned trial Court as well as appellate Court without appreciating the evidence properly, wrongly

found the applicant guilty for the aforesaid offence. The applicant is in custody. He is ready to deposit half of the compensation amount. Hence, prayed for suspension of the jail sentence and release the applicant on bail, since the hearing of this revision will take time. Looking to the facts and circumstances of the case, the fact that applicant is in judicial custody and according to listing policy the hearing of this revision will take time, the application (I.A. No.29282/2023) is allowed.

It is directed that the execution of the jail sentence passed against the

applicant-Sushel Kumar Bichpuriya shall remain suspended during pendency of this revision and he be released on bail subject to depositing 50% of the compensation amount (amount if any deposited by applicant shall be adjusted) and on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the concerned trial Court on 04/03/2024 and on such further dates as may be fixed in this behalf during the pendency of this appeal.

List after four weeks.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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