Madhya Pradesh High Court
Shailendra Ramesh Khare vs Madhya Praedsh Today Media Pvt. ... on 3 May, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 1753 of 2023
(SHAILENDRA RAMESH KHARE AND OTHERS Vs MADHYA PRAEDSH TODAY MEDIA PVT. LTD.)
Dated : 03-05-2023
Shri Rohit Raghuvanshi - Advocate for the applicants.
Shri Kapil Patwardhan - Advocate for the respondent.
Heard on I.A.No.9382/2023 an application for condonation of delay.
Looking to the reasons assigned in the application, the I.A. Is allowed.
The delay of 170 days is hereby condoned.
Heard on admission.
Admit.
Also heard on I.A. No.9026/2023 for suspension of sentence and grant
of bail.
This revision has been filed against the judgment dated 23/7/2022 passed
by XXV Additional Sessions Judge, Bhopal (M.P.) in Criminal Appeal
No.214/2021 whereby learned ASJ modified the judgment of conviction dated
13/11/2021 passed by learned JMFC, Bhopal in Complaint Case No.8814/2018,
whereby learned JMFC found the appellant guilty for the offence punishable
under Section 138 of the Negotiable Instrument Act and sentenced him to
undergo S.I. for three months and directed to pay compensation of Rs.29,324/-
to the respondent under Section 357(3) of Cr.P.C. and in default of depositing
that amount he shall undergo further one month S.I.
Learned counsel for the applicant submitted that learned trial Court as
well as appellate Court without appreciating the complainant's evidence wrongly
found the applicant guilty for the aforesaid offence. Even the applicant has
already deposited all the compensation amount. The applicant has been in
Signature Not Verified
Signed by: MONIKA
CHOURASIA
Signing time: 5/3/2023
6:26:53 PM
custody. Hence, prayed for suspension of the jail sentence and release of the
applicant on bail, since the final hearing of this revision will take time.
Learned counsel for the respondent submitted that applicant has already
deposited all the compensation amount, so if this Court suspends the jail
sentence of the applicant, he has no objection.
Looking to the facts and circumstances of the case, contention of learned
counsel for the respondent and the fact that applicant is in judicial custody and
according to listing policy the hearing of this revision will take time, the
application is allowed. It is, therefore, directed that execution of the jail sentence
alone passed against the applicant shall remain suspended during the pendency
of this revision and he be released on bail upon furnishing 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 trial Court, for his appearance before the
Registry of this Court on 12/9/2023 and on such further dates as may be fixed
in this behalf by the Registry during the pendency of this revision.
Record be called for.
List the case for final hearing in due course.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
m/-
Signature Not Verified
Signed by: MONIKA
CHOURASIA
Signing time: 5/3/2023
6:26:53 PM
