Sudheendra Sharma vs State Bank Of India Parsonel ...
2023 Latest Caselaw 17591 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRR No. 4002 of 2023
                            (SUDHEENDRA SHARMA Vs STATE BANK OF INDIA PARSONEL BANKING BRANCH A B ROAD GUNA
                                            THROUGH BRANCH MANAGER SHRI LAXMINARAYAN M)

                           Dated : 19-10-2023
                                  Shti Nitin Sharma, learned counsel for the Petitioner.

                                  Shri Raju Sharma, learned counsel for the Respondent.

Learned counsel for the petitioner submitted that petitioner has already surrendered before the trial Court and was sent to jail.

In view of above, the objection of Registry is hereby condoned.

Also heard on I.A.No.19530 of 2023, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

The revision has been preferred by the petitioner under Section 397, 401 o f the Cr.P.C. against the impugned judgment dated 20.07.2023 in Cr.A.No.357/2022 passed by Fourth Additional Sessions Judge, Guna (M.P.) affirming the judgment of conviction and sentence dated 19.10.2022 passed in SC NIA No.580/2016 by Judicial Magistrate First Class, Guna (M.P.) whereby, petitioner has been convicted and sentenced under Section 138 of N.I. Act to undergo rigorous imprisonment of six months with fine of Rs.58,511/- with

default stipulation.

Learned counsel for the petitioner argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. It is further submitted that the petitioner is in jail, therefore, he could not deposit the amount. Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire compensation amount within a period of 15 days before the trial Court. Hence, he prayed to suspend the jail sentence of the petitioner and release him on bail.

Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 19-10-2023 04:34:14 PM

On the other hand, learned State counsel opposed the application and prayed for its rejection.

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A.No.19530 of 2023) is allowed.

It is directed that the petitioner be released on bail on his furnishing personal bond of Rs.25,000/- (Rs. Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court, The petitioner is further directed to deposit the compensation amount of Rs.58,511/- before the trial Court within a period of fifteen

(15) days from the date of this order. In case the petitioner fails to deposit the amount as directed above within the aforesaid period, no further time shall be granted to him and the trial Court shall take him into custody forthwith for serving remaining term of sentence.

List the case on 07/11/2023.

A copy of this order be sent to Court concerned for compliance. Application (I.A.No.19530 of 2023) stands disposed of. E-copy/Certified copy as per rules/directions.

(SUNITA YADAV) JUDGE

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 19-10-2023 04:34:14 PM