Madhya Pradesh High Court
Lakhan Singh vs Rampal Singh on 31 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 4637 of 2023
(LAKHAN SINGH Vs RAMPAL SINGH)
Dated : 31-10-2023
Shri Prashant Shrivas - Advocate for applicant.
Heard on IA No. 25769/2023, an application filed under Section 5 of
Limitation Act for condonation of delay in preferring present revision petition.
Looking to the reasons assigned in the application, which is also
supported with affidavit of Sonu Ahirwar, sufficient cause is made out to allow
the application. Accordingly, IA No. 25769/2023 stands allowed and delay, if
any in filing the present revision petition is hereby condoned.
Heard on the question of admission.
Revision is admitted for hearing.
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.
Also heard o n I.A. No.25768/2023, this is the first application for
suspension of sentence and grant of bail filed under Section 389 of Cr.P.C. on
behalf of applicant -Lakhan Singh.
The applicant has been convicted vide judgment dated 31/01/2023
passed by 11th Additional Sessions Judge, Bhopal in Criminal Appeal No.
33/2020, whereby the appeal preferred by applicant against judgment dated
26/12/2019 passed by Judicial Magistrate First Class, Bhopal in Criminal Case
No. 1254/2015 got dismissed by affirming the judgment passed by trial Court
and applicant has been found guilty for commission of offence punishable
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 10/31/2023
6:13:45 PM
under Section 138 of Negotiable Instruments Act and sentenced to undergo RI
for 6 months and to pay compensation amount amount of Rs.4,22,000/- and
fine of Rs.10,000/- 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 additional 25% of 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 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
appeal.
Looking to the aforesaid facts and circumstances of the case, contention
of learned counsel for the applicant coupled with the fact that the applicant is
ready to deposit additional 25% of compensation amount and according to
listing policy the hearing of this revision will take time, the application is
allowed and it is directed that the execution of the remaining jail sentence
passed against applicant -Lakhan Singh shall remain suspended during the
pendency of this revision and he be released on bail subject to depositing
additional 25% of compensation amount and entire fine amount, if already not
deposited 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 22/12/2023 and
on such further dates as may be fixed by trial Court it in this regard during the
Signature Not Verified
pendency of this revision.
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 10/31/2023
6:13:45 PM
List the revision for final hearing in due course.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 10/31/2023
6:13:45 PM
