Smt. Omwati Bai vs Jasbeer Singh
2023 Latest Caselaw 4488 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                  CRR No. 1509 of 2022
                                                              (SMT. OMWATI BAI Vs JASBEER SINGH)

                                     Dated : 21-03-2023
                                           Shri Anil Kumar Ahirwar- counsel for the applicant.

                                           Considered I.A.No.6191/2023, which is first application for suspension
                                     of sentence on behalf of applicant-Smt.Omwati Bai.
                                           By the impugned judgment dated 22.2.2022 passed by the 28th
                                     Additional Sessions Judge, Jabalpur in Criminal Appeal No.47/2021 (arising out

                                     of judgment dated 25.2.2021 passed in SC NIA No.515/2017 by JMFC,
                                     Jabalpur) the applicant has been convicted for offence under section 138 of N.I.
                                     Act, 1880 till rising of the Court and with direction to deposit compensation of
                                     Rs.3,00,000/- within 15 days and in default to suffer S.I. for one month.
                                           Learned counsel for the applicant submitted that applicant is innocent and
                                     has been falsely implicated in the crime in question. The applicant is old lady
                                     aged about 56 years. The financial status of the applicant is not good and,
                                     therefore, she could only deposit Rs.52,000/- of compensation amount. She is
                                     in custody. She was on bail during trial. Final disposal of this revision would

                                     take considerable time. Hence, prayer has been made to suspend the jail
                                     sentence of the applicant.
                                           Considered the over all facts and circumstances of the case; age of the
                                     applicant; she was on bail during trial; final disposal of this revision would take
                                     considerable time, this application is allowed subject to further deposit of
                                     Rs.1,25,000/- by the applicant.
Signature Not Verified
  SAN


                                           It is directed that subject to depositing the further compensation amount
Digitally signed by RAJESH MAMTANI
Date: 2023.03.23 15:56:25 IST

                                     of Rs.1,25,000/- and on furnishing a personal bond in a sum of Rs.40,000/-
                                                                         2
                                     (Rupees Forty Thousand only) with one surety in the like amount to the
                                     satisfaction of the trial Court concerned, the sentence of applicant, namely,
                                     Smt.Omwati Bai shall remain suspended and she shall be released on bail for
                                     securing her presence before the trial Court concerned on 21.08.2023 and on
                                     such other dates as may be fixed in this regard during pendency of this revision.
                                           I.A.No.6191/2023 is disposed.
                                           Let notice be issued to the respondent on payment of process fee by

RAD mode within 07 working days.

List this case after 08 weeks.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.03.23 15:56:25 IST