Devendra Gir vs Mohd. Talib
2023 Latest Caselaw 17004 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRR No. 4451 of 2023
                                                      (DEVENDRA GIR Vs MOHD. TALIB)

                           Dated : 12-10-2023
                                 Shri Umesh Kumar Vaidya - 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.

Heard on I.A. No.22960 of 2023, which is the first application under Section 379(1) of the Cr.P.C. for suspension of the custodial sentence passed

against applicant and releasing him on bail.

T his revision has been filed against the judgment dated 06/09/2023 passed by II Additional Sessions Judge, Narsinghpur in Cr.A.No.102/2022 arising out of judgement dated 12/05/2022 passed by Judicial Magistrate, First Class, Narsinghpur in SC NIA No.104/2019, whereby learned trial Court found t h e applicant guilty for the offences punishable under Section 138 of the Negotiable Instrument Act and sentenced him to undergo S.I. for one year and directed to pay compensation of Rs.4,00,000/- to the respondent with default stipulation and learned Appellate Court partly allowed the appeal filed by the

applicant and while maintaining the conviction under Section 138 of the Negotiable Instrument Act reduced the sentence to six months S.I. instead of one year, however enhanced the amount of compensation from Rs.4,00,000/- to Rs.5,65,000/-.

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 in custody since the date of judgment 06/09/2023. This revision is of the year 2023 and Signature Not Verified Signed by: ANURAG SONI Signing time: 13-10-2023 11:27:04

according to listing policy, final hearing of this revision will take time. Hence, prayed for suspension of the jail sentence and release the applicant on bail.

Looking to the facts and circumstances of the case and the fact that applicant is in judicial custody since the date of judgment 06/09/2023 and according t o listing policy the hearing of this revision will take time, the application is allowed. It is directed that the execution of the jail sentence alone passed against the applicant shall remain suspended during pendency of this revision and he be released on bail subject to depositing 50% of the compensation amount i.e. Rs.2,82,500/- (any amount if already deposited by the applicant before the Courts below shall be adjusted) and on furnishing

personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his 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.

List after four weeks for arguments on admission. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 13-10-2023 11:27:04