Jaydev vs The State Of Madhya Pradesh
2023 Latest Caselaw 10817 MP

                                                  1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                        AT GWALIOR
                                          CRR No. 1540 of 2023
                               (JAYDEV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

              Dated : 13-07-2023
                      Shri Pradhuman Singh Bhadauria, learned counsel for the Petitioner.

                      Ms. Ankita Mathur-P.P.- appearing on behalf of Advocate General.

                      Heard on I.A.No. 6608 of 2023, first application for suspension of
             sentence and grant of bail to the petitioner.
                      The revision has been preferred by the petitioner under Section 397/401

             o f the Cr.P.C. against the impugned judgment dated 03.6.2022 passed in
             Cr.A.No.39/2020 by Additional Sessions Judge, Mehgaon, Dist. Bhind
             affirming the judgment of conviction and sentence dated 09.02.2019 passed in
             Criminal Case No. 16/2014 by Judicial Magistrate First Class, Mehgaon, Dist.
             Bhind, whereby petitioner has been convicted and sentenced under Section 138
             of Negotiable Instruments Act to undergo imprisonment of Two years with fine
             of Rs .7,00,000/- 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 as per report of Central Jail dated 04/05/2023, present petitioner
             has already served incarceration of two years as awarded by the court below.
             Hence, prayed to suspend the jail sentence of the petitioner and release him on
             bail.
                      On the other hand, learned counsel for respondent No.1 opposed the

application and prayed for rejection of the same. Signature Not Verified Signed by: SANJAY On perusal of report of the Central Jail, Gwalior reveals that petitioner NAMDEORAO DURGEKAR Signing time: 14-07-2023 09:42:24 AM has already served total incarceration of two years as awarded by the court

below.

In view of the above and considering the totality of facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A. No. 6608 of 2023) is allowed.

It is directed that the petitioner be released on bail subject to deposit of fine amount as imposed by the court below 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 20.09.2023 and on all other dates which may be given by the Office for his appearance till final

disposal of this revision.

Meanwhile, notice in respect to the instant revision petition be sent to the respondent No. 2 on payment of process fee by RAD as well as ordinary mode within seven working days.

List the case for hearing in due course. T h e appellate Court may release the fine amount deposited by the petitioner in favour of the complainant, if any application is filed, in accordance with law.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 14-07-2023 09:42:24 AM