Madhya Pradesh High Court
Dwarka Prasad Malviya vs Girwar Singh Bhadouriyai on 22 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 5299 of 2023
(DWARKA PRASAD MALVIYA Vs GIRWAR SINGH BHADOURIYAI)
Dated : 22-12-2023
Shri Abhay Tiwari - Advocate for applicant.
Shri Ramanuj Choubey - Advocate for respondent.
Heard on IA No. 27377/2023, which is an application filed under
Section 5 of Limitation Act for condonation of delay in filing the present
appeal.
Looking to the reasons assigned in the application, which is duly
supported with the affidavit of wife of applicant, IA No. 27377/2023 stands
allowed and delay in filing the present revision petition is hereby condoned.
Also heard on IA No. 30036/2023, which is an application for taking
additional documents on record.
On due consideration, IA No. 30036/2023 stands allowed and aforesaid
documents are taken on record.
Further heard on the question of admission.
Revision is admitted for final hearing.
Also heard on IA No. 26843/2023, 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- Dwarka Prasad Malviya.
T h e applicant has been convicted vide judgment dated 21/03/2022
passed by First Additional Sessions Judge, Hoshangabad in Criminal Appeal
No. 65/2018, whereby appeal preferred by applicant against judgment dated
21/05/2018 passed by Judicial Magistrate First Class, Hoshangabad in Criminal
Case No. 1000160/2016 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.6,00,000/- and under Section 359 of Cr.P.C. and to pay
fine amount of Rs.10,000/- 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. The applicant is ready to deposit 50% of compensation amount.
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- Dwarka Prasad Malviya 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
skt
