Yudhisthir Kumar Sharma vs Ranjeet Singh
2024 Latest Caselaw 5956 MP

Madhya Pradesh High Court

Yudhisthir Kumar Sharma vs Ranjeet Singh on 27 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRR No. 770 of 2024
                                              (YUDHISTHIR KUMAR SHARMA Vs RANJEET SINGH)

                          Dated : 27-02-2024
                                Mr. Ravi Shankar Bansal, Advocate for the petitioner.

                                Mr. Anant Kumar Bansal, Advocate for the respondent.

Heard on I.A.No.3485 of 2024, an 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 r.w. 401 of the Cr.P.C. against the impugned judgment dated 12.2.2024 in

Cr.A.No.71/2023 passed by First Additional Sessions Judge, Dabra, District Gwalior (M.P.) affirming the judgment of conviction and sentence dated 26.7.2023 passed in SC NIA No.310/2018 by Judicial Magistrate First Class, Dabra, District Gwalior (M.P.) whereby, petitioner has been convicted and sentenced under Section 138 of Negotiable Instruments Act to undergo simple imprisonment of six months with fine of Rs.9,62,000/-, with default stipulation.

It is submitted by learned counsel for petitioner that the trial Court has wrongly convicted the petitioner without appreciating the materials and evidence available on record. It is further submitted that petitioner is a senior citizen

having 76 years of age and is in custody since 12.2.2024. Further submission is that petitioner has already deposited Rs.4,00,000/- out of total fine amount of Rs.9,60,000. Under these circumstances, the application for suspension of sentence deserves to be allowed.

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

Heard learned counsel for the petitioner.

Keeping in view the facts and circumstances of the case and more particularly, having regard to the undertaking given on behalf of counsel for the petitioner, but without expressing any opinion on merits, the application 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 depositing further amount of Rs.1,00,000/- out of the remaining compensation / fine amount before the trial Court within a period of one month from today in case revision is not disposed of during that period and on 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.

In case the petitioner fails to deposit the amount as directed above, 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 (IA. No.3485 of 2024) stands disposed of. List the case on 01.3.2024 for final arguments.

It is made clear that if unnecessary delay is caused by the petitioner in final hearing of the case, the order of suspension of jail sentence and grant of bail shall be recalled.

(SUNITA YADAV) JUDGE

AKS