Madhya Pradesh High Court
Sangeeta Mishra vs Ram Kumar Raikwar on 11 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 1845 of 2023
(SANGEETA MISHRA Vs RAM KUMAR RAIKWAR)
Dated : 11-10-2023
Shri Om Shankar Pandey - Advocate for applicant.
None for respondent despite service of notice.
Heard on IA No.9451 of 2023, which is an application for condonation
of delay of 1172 days.
Taking the lenient view and for the reasons stated in the application, IA
No.9451 of 2023 is allowed and the delay is hereby condoned.
Heard on the question of admission.
Admit.
Heard on I.A. No.9449 of 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 08.11.2019
passed by 19th Additional Sessions Judge, Jabalpur (M.P.) in Criminal Appeal
No.339/2018, whereby learned ASJ affirmed the judgment of conviction dated
15.11.2018 passed by learned JMFC, Jabalpur in Criminal Complaint Case
No.7139/2012, 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 six months and directed to pay compensation
of Rs.1,11,000/- 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
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 12-Oct-23
10:12:15 AM
about 36 years. She has been in custody since 21.04.2023. 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
applicant is a lady, who is in judicial custody since 21.04.2023 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.56,000/- (if any
amount has been deposited by applicant shall be adjusted), 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 the case for final hearing in due course.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
DPS
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 12-Oct-23
10:12:15 AM
