Mahendra Agasiya vs Dr. Saral Patel
2023 Latest Caselaw 17251 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRR No. 4404 of 2023
                                                   (MAHENDRA AGASIYA Vs DR. SARAL PATEL)

                           Dated : 16-10-2023
                                 Shri B.S. Sahu - Advocate for applicant.

                                 On payment of process fee within seven working days, let notice be
                           issued to respondent.

Notice be made returnable within four weeks.

In the meanwhile, record of courts' below be called for.

Hear d o n I.A. No.22747/2023, t h i s is the first application for suspension of sentence and grant of bail filed under Section 397 of Cr.P.C. on behalf of applicant-Mahendra Agasiya.

The applicant has been convicted vide judgment dated 08/09/2023 passed by Third Additional Sessions Judge, Narsinghpur in Cr.A. No. 127/2023, whereby the appeal preferred by applicant against judgment dated 20/04/2023 passed by Judicial Magistrate First Class, Narsingpur in SCNIA No. 411/2019 got dismissed by affirming the conviction of trial Court and applicant has been found guilty for commission of offence punishable under Section 138

of Negotiable Instruments Act, 1881 and sentenced to undergo R I for 1 year and to pay compensation of Rs.2,50,000/- with usual default stipulations.

Learned counsel for the applicant submits that the appellate Court as well as trial Court have not properly appreciated the evidence in its proper perspective and committed grave error in convicting the applicant for aforesaid offence. The applicant is ready to deposit entire compensation amount. There are fair chances of success of this revision and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/17/2023 10:17:45 AM

suspended, then the revision filed by applicant may turn infructuous. Under these circumstances, learned counsel for applicant prays for suspension of jail sentence and release of the applicant on bail till the final disposal of the revision Looking to the facts and circumstances of the case, contention of learned counsel for the applicant, the short sentence of the applicant and the fact that the applicant is ready to deposit entire compensation amount and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against applicant-Mahendra Agasiya shall remain suspended during the pendency of this revision and he be released on bail subject to depositing entire

compensation amount i.e. Rs.2,50,000/- within a period of thirty days from his release and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 20/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this revision.

List immediately after receipt of record and service report. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/17/2023 10:17:45 AM