Rahul Kumar Mathur @ Santosh vs Jayveer Singh Tomar
2024 Latest Caselaw 5795 MP

Madhya Pradesh High Court

Rahul Kumar Mathur @ Santosh vs Jayveer Singh Tomar on 26 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRR No. 468 of 2024 (RAHUL KUMAR MATHUR @ SANTOSH Vs JAYVEER SINGH TOMAR)

Dated : 26-02-2024 Shri Ashok Jain - Advocate for the petitioner.

Heard on I.A.No. 2312 of 2024, 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 read with 401 of the Cr.P.C. against the impugned judgment dated 08.11.2023 in Cr.A.No.599/2023 passed by Fourteenth Additional Session Judge, Gwalior

(M.P.) affirming the judgment of conviction and sentence dated 17.07.2023 passed in SCNIA Case No.3923/2014 by the Judicial Magistrate First Class, District Gwalior (M.P.) whereby, petitioner has been convicted and sentenced under Section 138 of Negotiable Instruments Act 1981 read with section 357 (3) of Cr.P.C. to undergo rigorous imprisonment of six months with default stipulation.

Learned counsel for the petitioner/accused argued that the petitioner has already suffered almost four months of incarceration out of total sentence of six months. Major period of sentence has already been served. Petitioner is ready

to deposit 10% amount of the compensation amount before the trial Court within a period of two months from the date of his release. Under these circumstances, prayed to suspend the jail sentence and grant of bail to the petitioner.

Heard learned counsel for the petitioner and perused the record available on record.

Keeping in view the facts and circumstances of the case, but without

expressing any opinion on merits, the application (I.A.No. 2312/2024) for suspension of sentence is allowed.

It is directed that jail sentence of petitioner shall remain under suspension and he be released on bail subject to deposition of 10% amount of the compensation amount before the trial Court within a period of two months from the date of his release and on his furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

I n case the petitioner fails to deposit 10% amount of the compensation amount within a period of two months from the date of his

release, no further time shall be granted to him and the trial Court shall take him into custody forthwith for serving remaining term of sentence.

A copy of this order be sent to Court concerned for compliance. Application (I.A.No. 2312 of 2024) stands disposed of. List the case thereafter.

(SUNITA YADAV) JUDGE

AK/-

ANAND KUMAR 2024.02.27 17:48:07 +05'30'