Madhya Pradesh High Court
Heeralal vs Vimal Cycle Service Rajod Through ... on 20 June, 2023
Author: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 1198 of 2023
(HEERALAL Vs VIMAL CYCLE SERVICE RAJOD THROUGH ITS PROPRIETOR VIJAY KUMAR)
Dated : 20-06-2023
Shri Siddharth Jain, learned counsel for the applicant.
Shri Omprakash Solanki, learned counsel for the respondent.
1. Heard on I.A. No. 4000/2023, which is an application for condonation
of delay for 5 days in filing this petition filed under Section 5 of Limitation Act.
2. For the reasons stated in the application, I.A. No. 4000/2023 stands
allowed and delay for 5 days in filing the petition is hereby condoned.
3. Heard on admission, this revision petition is admitted for final hearing.
4. Also heard on I.A. No. 8653/2023, which is first application for
suspension of sentence and grant of bail filed under Section 397 (1) of the
Criminal Procedure Code, 1973 on behalf of applicant-Heeralal.
5. The trial Court has convicted the applicant under Section 138 of
Negotiable Instruments Act and sentenced to undergo 6 months S.I. with
compensation of Rs.17,44,000/- with default stipulation, vide judgment of
conviction and order of sentence dated 08.12.2022 passed by I Additional
Sessions Judge, Sardarpur, District-Dhar (M.P.) in Criminal Appeal No.
13/2022.
6. Learned counsel for the applicant submits that the applicant has been
convicted by the trial Court for 6 months and compensation of Rs.17,44,000/-.
The applicant had filed the appeal which was dismissed, thereafter, he is in
custody since 07.06.2023. Counsel for the applicant further submits that he is
ready to deposit 50% amount of compensation before the trial Court. Final
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 20-06-2023
04:07:27
disposal of this Revision petition will take sufficient time. Therefore, he prays
that remaining jail sentence of the applicant may be suspended and he may be
enlarged on bail.
7. Learned counsel for the respondent opposes the prayer for grant of
bail.
8. I have heard learned counsel for both the parties and perused the
record.
9. Looking to short term of the sentence coupled with the fact that final
disposal of this revision petition will take sufficient long time, without
expressing any opinion on merits of the case, the application I.A.
No.8653/2023 is allowed and the jail sentence of the applicant shall remain
suspended.
10. It is directed that subject to depositing 50% of compensation amount,
if already not deposited, applicant-Heeralal shall be released on bail, on
furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five
Thousand Only) along with solvent surety in the like amount to the satisfaction
o f trial Court, for his appearance before the Registry of this Court firstly on
22.08.2023, and on such other dates, as may be fixed by the Registry in this
regard, till final disposal of this revision.
11. Let the record of the trial Court be called for.
12. List the case after four weeks.
Certified copy as per rules.
(PRAKASH CHANDRA GUPTA)
JUDGE
Vindesh
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 20-06-2023
04:07:27
