Ashok Kumar vs Ramraj Singh Sengar
2023 Latest Caselaw 17657 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                             CRR No. 5003 of 2023
                       (ASHOK KUMAR Vs RAMRAJ SINGH SENGAR)

Dated : 20-10-2023
      Shri Sooraj Bhan Lodhi - Advocate for the petitioner.

      Shri Ravindra Singh Rajput - Advocate for the respondent.

Heard on I.A.No.19716/2023, an application under Section 5 of Limitation Act for condonation of delay in filing the revision.

Application is supported by affidavit of wife of petitioner.

Considering the averments mentioned in the application, I.A.No.19716/2023 is allowed and delay in filing the revision is condoned.

Also heard on I.A. No.19715/2023, an application under Section 397(3) of CrPC for suspension of sentence and grant of bail.

This revision is directed against the judgment dated 16.01.2019 passed

by 14th Additional and Sessions Judge, Gwalior (M.P.) in Criminal Appeal No.246/2018 whereby conviction of petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, as recorded by the Judicial Magistrate, First Class, Gwalior vide judgment dated 17.05.2018 passed in

Criminal Case No.7003274/2016 and the consequent sentence of R.I. for one year and to pay compensation of Rs.1,76,000/- with default stipulations was affirmed.

I t is submitted by learned counsel for the petitioner that out of Rs.1,76,000/-, Rs. 58,200/- has been deposited by him. There is no possibility of the revision coming up for final hearing in near future, hence, the petitioner may be benefited by suspension of sentence.

Learned counsel for the respondent has no objection to grant of bail.

In view of the above, awaiting admission, it is directed that the execution of remaining jail sentence awarded to petitioner - Ashok Kumar shall remain suspended during pendency of this revision and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety to the satisfaction of trial Court for his appearance before the trial Court firstly on 18.12.2023 and on such further dates as may be fixed by the said court in this regard till disposal of this revision.

In case, petitioner is found absent on any date fixed by the concerned Trial Court then the said Trial Court shall be free to issue and execute warrant

of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court be kept informed.

I.A. No.19715/2023 stands allowed.

Record of the trial Court be requisitioned.

List the case for arguments on admission after three weeks. C.C. Today.

(AMAR NATH (KESHARWANI)) JUDGE

Monika

MONIKA SHARMA 2023.10.20 17:01:11 +05'30'