Madhya Pradesh High Court
Ku. Sangeeta Mishra vs Kanchan Kala Kendra on 5 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 3821 of 2023
(KU. SANGEETA MISHRA Vs KANCHAN KALA KENDRA)
Dated : 05-10-2023
Shri Om Shankar Pandey - Advocate for the applicant.
On payment of process fee within seven working days, notice be issued
to the respondent. Notice be made returnable within four weeks.
Record of the Courts below be requisitioned.
Heard on I.A. No.20306/2023, which is the first application for
suspension of the custodial sentence passed against the applicant and releasing
her on bail.
T his revision has been filed against the judgment dated 05/08/2023
passed by XVI Additional Sessions Judge, Jabalpur (M.P.) in Criminal Appeal
No.17/2017, whereby learned ASJ affirmed the judgment of conviction dated
14/12/2016 passed by learned JMFC, Jabalpur in Criminal Case No.5848/2013,
whereby learned JMFC found the applicant guilty for the offence punishable
under Section 138 of the Negotiable Instrument Act and sentenced her to
undergo R.I. for three months and directed to pay compensation of
Rs.1,10,000/- to the respondent.
Learned counsel for the applicant submitted that learned trial Court as
well as appellate Court without appreciating the evidence properly, wrongly
found the applicant guilty for the aforesaid offence. The applicant is a lady aged
about 36 years. She has been in custody since 05/08/2023. Hence, prayed for
suspension of the jail sentence and release the applicant on bail, since the
hearing of this revision will take time.
Looking to the facts and circumstances of the case and the fact that
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 05-10-2023
17:06:06
applicant is a lady, who is in judicial custody since 05/08/2023 and according to
listing policy the hearing of this revision will take time, the application is
allowed. It is directed that the execution of the jail sentence passed against the
applicant shall remain suspended and she be released on bail subject to
undertaking that 50% of the compensation amount i.e. Rs.55,000/- (out of
which Rs.27,500/- has already been deposited by the applicant), shall be
deposited by her within 45 days from the date of her release and on furnishing a
personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only)
with a solvent surety in the like amount to the satisfaction of the trial Court for
her appearance before the concerned trial Court on 18/12/2023 and on such
further dates as may be fixed in this behalf during the pendency of this appeal.
It is made clear that if the applicant fails to deposit the remaining part of
compensation amount within the stipulated period, this order shall automatically
come to an end and the learned trial Court shall be free to take the applicant into
custody and send her to jail to serve the remaining part of jail sentence.
List after four weeks.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
as
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 05-10-2023
17:06:06
