Lekhram vs Deepa Rai
2024 Latest Caselaw 5651 MP

Madhya Pradesh High Court

Lekhram vs Deepa Rai on 23 February, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRR No. 690 of 2024
                                                        (LEKHRAM Vs DEEPA RAI)

                          Dated : 23-02-2024
                                Shri Prashant Chourasiya- Advocate for the applicant.

                                Shri Anuj Singh - Advocate for the respondent.

Let the record from Court below be called for.

Heard on I.A.No.4052/2024 which is an application under Section 397 (1) of the Cr.P.C. for suspension of sentence and grant of bail to the applicant.

The applicant has been convicted under Section 138 of the Negotiable Instruments Act and has been sentenced to undergo S.I. for 1 year and payment of compensation of Rs.3,20,000/- to the complainant by the Sessions Judge Narsinghpur vide judgment dated 10.2.2024 passed in Criminal Appeal No.139/2023 (Lekhram v. Deepa Rai).

Learned counsel for the applicant submits that the applicant is in judicial custody. He further submits that the applicant is ready to abide by the conditions imposed by the Court, if bail is granted to him. Counsel contends that an amount of Rs.64,000/- has already been deposited with the Trial Court.

He further submits that the final hearing of the revision will take a long time and if the applicant remains in jail, the purpose of filing this revision would be frustrated.

Considering the argument advanced by learned counsel for the applicant, I am inclined to consider and allow the application, subject to deposit of 50% of the compensation amount i.e. Rs.3,20,000/- before the trial Court.

I t is directed that on applicant's depositing 50% of the compensation amount before the trial Court within a period of 30 days from today, his

remaining jail sentence shall remain suspended and he shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety bond of like amount to the satisfaction of trial Court concerned for his appearance before the trial Court on 08/07/2024 and on such other dates as may be fixed by the trial Court in this regard.

The respondent/complainant shall be at liberty to withdraw the amount on furnishing surety, which is to be deposited before the trial Court in terms of this order.

It is made clear that the amount of Rs.64,000/- already deposited will be adjusted against the 50% of the amount to be deposited by the applicant in

terms of this Court.

Accordingly the I.A. No.4052/2024 stands disposed of in the above terms.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE

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