Rameshchandra Shivhare vs Rajveer Sharma
2023 Latest Caselaw 11552 MP

                                                                 1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                          CRR No. 2934 of 2023
                                                  (RAMESHCHANDRA SHIVHARE Vs RAJVEER SHARMA)

                           Dated : 24-07-2023
                                 Shri R.K. Sharma - Senior Advocate with Shri R.K. Joshi - Advocate for

                           the revisionist/applicant.
                                 Shri Vikram Singh Chauhan- Advocate for the respondent.

Heard on admission.

Being arguable, this revision is admitted for final hearing. Heard on IA No. 12285 of 2023, which is the first application under

Section 397(1) of CrPC for suspension of sentence and grant of bail filed on behalf of applicant.

This criminal revision under Section 397 read with Section 401(2) of CrPC has been filed against the judgment and sentence dated 03.07.2022 passed by VIIth Additional Sessions Judge, Bhind (M.P.) in Cr.A.No.54/2022, affirming the judgment and sentence dated 29.03.2022 passed by JMFC, Bhind (M.P.) in Case No.74/2013 NIA, by which the applicant has been convicted under Section 138 of Negotiable Instrument Act and sentenced to undergo rigorous imprisonment of one year with default stipulation.

Learned Counsel for the revisionist/applicant submits that the applicant had deposited amount of Rs.2,58,521/- on 29.04.2022 in the trial Court. Learned Appellate Court did not properly consider the contentions raised in the appeal. The applicant is in custody since 03.07.2022. There is no likelihood of early hearing of revision in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of applicant may be suspended and he may be enlarged on bail.

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 25-07-2023 10:20:30 AM

Per contra, learned Counsel for the respondent takes exception that the applicant/revisionist has not deposited any further amount despite conviction by the trial Court and the first appellate Court. Further, the applicant has not deposited Rs.15,000/- as cost imposed by first appellate Court. Therefore, no case is made out for suspension of sentence and grant of bail.

Upon hearing learned Counsel for parties, but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of remaining sentence of applicant shall remain suspended during pendency of this revision and he shall be enlarged on bail subject to furnishing personal bond in

the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of Trial Court and further subject to deposit of Rs.1,00,000/- and also Rs.15,000/- as cost imposed by the first appellate Court, for his appearance before the Registry of this Court on 11.09.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 12285/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Monika

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 25-07-2023 10:20:30 AM