Makkhan Singh vs Kripal Singh
2023 Latest Caselaw 22212 MP

Madhya Pradesh High Court

Makkhan Singh vs Kripal Singh on 22 December, 2023

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         CRR No. 5900 of 2023
                                                     (MAKKHAN SINGH Vs KRIPAL SINGH)

                           Dated : 22-12-2023
                                 Mr. Sameer Kumar Shrivastava, Advocate for the petitioner.

                                 Let notice be issued to the respondent by registered as well as ordinary

modes on payment of process fee within seven working days. Notice be made returnable within four weeks.

Record of the Courts below be also called for.

Heard on I.A. No. 23194 of 2023, first application for suspension of jail

sentence and grant of bail.

The revision has been preferred by the petitioner under Section 397, 401 o f the Cr.P.C. against the impugned judgment dated 19.9.2023 in Cr.A.No.323/2023 passed by Ninth Additional Sessions Judge, Gwalior, District Gwalior (M.P.) affirming the judgment of conviction and sentence dated 25.5.2023 passed in SC NIA No.431/2020 by Judicial Magistrate First Class, Gwalior (M.P.) and convicting and sentencing the petitioner under Section 138 of N.I. Act to undergo rigorous imprisonment of six months with fine of Rs.5,58,000/-, 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 submitted that petitioner is in custody since 18.12.2023. The revision is likely to take long time to come up for final hearing. The entire fine amount has already been deposited and receipt has been filed. Hence, he prayed to suspend the jail sentence of the petitioner looking to the short period of jail sentence.

On the other hand, learned State counsel opposed the application and

prayed for rejection of the same.

Considering the facts and circumstances of the case, the application (I.A. No. 23194 of 2023) is allowed.

It is directed that the petitioner be released on bail 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 22.2.2024 and on all other dates which may be given by the Office for his appearance.

List the case in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS