Ramgulam Vishwakarma vs Baliram Choudhary
2023 Latest Caselaw 1186 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRR No. 146 of 2023
                                             (RAMGULAM VISHWAKARMA Vs BALIRAM CHOUDHARY)

                          Dated : 19-01-2023
                                 Shri Pranay Shukla - Advocate for applicant.

                                 Heard.
                                 Issue notice to the respondent on payment of process fee within seven

working days by both modes.

Notice be made returnable in two weeks.

Record of the courts below be called for.

Heard on I.A.No.853/2022 an application for suspension of sentence and grant of bail to the applicant.

The revision under Section 379 / 401 of Cr.P.C. has been preferred by the applicant against the judgment dated 23.12.2022 passed by learned 3rd Addl. Sessions Judge, Sehora District Jabalpur (M.P.) in Cr.A No. 23/2019 affirming the judgment of conviction and sentence dated 27.06.2019 passed in Criminal Case No. 1902 by Judicial Magistrate First Class, Sehora district Jabalpur, whereby the learned court below has convicted the applicant for the

offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo R.I. for six months and fine of Rs. 1,80,000/- with default stipulation.

Learned counsel for the applicant submits that the applicant has falsely implicated in the case. He further submits that the compensation amount awarded to the applicant is excessive. He is not capable to deposit such huge amount. He further submits that there are fair chances to succeed in the case. Final hearing of this Criminal Revision will take time. Therefore, the application Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/20/2023 11:43:13 AM

filed on behalf of the applicant may be allowed and the period of his remaining jail sentence may be suspended and he may be released on bail.

After hearing counsel for the applicant, considering the short sentence awarded by the trial Court to the applicant, looking to the circumstances of the case and the facts that this revision is of year 2023 and will take time for its final disposal but without expressing any opinion on the merits of the matter, I.A.No. 853/2022 is allowed and it is directed that subject to depositing Rs. 50,000/- of compensation amount before the learned trial court within seven days from his release and Rs. 50,000/- shall be paid within one month thereafter, the sentence of the applicant is hereby suspended.

I t is directed that the accused/applicant shall enlarge on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only), along with one solvent surety of like amount to the satisfaction of the trial Court.

Applicant shall appear and mark his presence before the trial Court on 26.04.2023 and shall continue to do so on all such future dates as may be given in this behalf, during pendency of the matter.

List the matter for final hearing in due course. C.C. as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/20/2023 11:43:13 AM