Madhya Pradesh High Court
Mukesh Parihar vs Balram Prajapati on 16 June, 2023
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 2401 of 2023
(MUKESH PARIHAR Vs BALRAM PRAJAPATI)
Dated : 16-06-2023
Shri Nitin Goyal - Advocate for the applicant.
Issue notice to the respondent on payment of process fee within seven
working days by RAD as well as Ordinary mode. Notice be made returnable
within four weeks.
Record of court below called for.
Heard on I.A.No.10100 of 2023, an application under Section 397(1) of
Cr.P.C. for suspension of sentence and grant of bail to the petitioner.
The revision has been preferred by the applicant under Section 397/401
o f the Cr.P.C. against the impugned order dated 27.3.2023 in
Cr.A.No.330/2022 passed by Third Additional Sessions Judge, Shivpuri,
District Shivpuri (M.P.) affirming the judgment of conviction and sentence
dated 06.08.2022 passed in Criminal Case No.448/2018 by Judicial Magistrate
First Class, District Shivpuri whereby, applicant has been convicted and
sentenced under Section 138 of Negotiable Instruments Act to undergo simple
imprisonment of two months with fine of Rs.99,250/-, with fine of Rs. 500/-,
with default stipulations.
It is submitted by learned counsel for applicant that the trial Court has
wrongly convicted the applicant without appreciating the materials and evidence
available on record. It is further submitted that the applicant has already served
more than two months of incarceration out of total jail sentence awarded.
Learned counsel for the applicant further submitted that the applicant is ready to
deposit 30% of the compensation amount before the trial Court. Disposal of
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 16-06-2023
05:42:45 PM
revision shall take considerable time, therefore, the application for suspension
of sentence deserves to be allowed.
Heard learned counsel for the applicant.
Keeping in view the facts and circumstances of the case and more
particularly, having regard to the undertaking given on behalf of counsel for the
applicant, but without expressing any opinion on merits, the application for
suspension of sentence is allowed.
It is directed that jail sentence of applicant will remain under suspension
subject to depositing 30% of the compensation amount before the trial
Court within a period of one month from the date of his release and on his
furnishing personal bond of Rs.50,000/- (Rs. Fifty thousand only) with two
solvent sureties of the like amount to the satisfaction of the concerned trial
Court, for his appearance before the Office of this Court on 27/07/2023 and
thereafter on all subsequent dates as may be fixed by the office. The execution
of substantial jail sentence imposed on the applicant shall remain suspended, till
the final disposal of this revision, subject to complying the condition as
mentioned above.
In case the applicant fails to deposit the amount as directed above,
no further time shall be granted to him and the trial Court shall take him
into custody forthwith for serving remaining term of sentence.
The amount so deposited by convict-applicant shall be disbursed to the
complainant-respondent on his furnishing a personal bond and solvent surety of
like amount to the satisfaction of the trial Court to the effect that in case, the
revision succeeds, he shall return the entire amount forthwith.
A copy of this order be sent to Court concerned for compliance.
Application (IA. No.10100/2023) stands disposed of.
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 16-06-2023
05:42:45 PM
E-copy/Certified copy as per rules/directions.
(SUNITA YADAV)
JUDGE
vpn
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 16-06-2023
05:42:45 PM
