Madhya Pradesh High Court
Munshiram vs The State Of Madhya Pradesh on 14 June, 2024
Author: Amar Nath Kesharwani
Bench: Amar Nath Kesharwani
1 CRR-1827-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 1827 of 2024
(MUNSHIRAM Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 14-06-2024
Shri M.PD. Tripathi - Advocate for the applicant.
Shri B.K. Upadhyay - Dy. G.A. for the respondent No.1/State.
Heard on I.A.No.9396/2024, an application under Section 5 of Limitation
Act for condonation of delay of 42 days in filing the revision.
Considering the averments mentioned in the application, which is
supported by an affidavit, the same is allowed and delay in filing the appeal is
hereby condoned.
Heard on the question of admission.
Admit.
On payment of process fees within seven days, issue notice to the
respondent No.2. Notice be made returnable within four weeks.
Record of the trial Court be requisitioned.
Also heard on I.A.No.9395/2024, which is an application under Section
397(1) of the Cr.P.C. for suspension of custodial sentence passed against the
applicant and releasing him on bail.
This revision has been filed against the judgment dated 29/11/2023
passed by learned Sessions Judge, Burhanpur, District Burhanpur (M.P.) in
Cr.A.No.118/2023, whereby learned SJ affirmed the judgement of conviction
dated 11/05/2023 passed by learned JMFC, Burhanpur in SC NIA
No.2281/2018, whereby learned JMFC found the applicant guilty for the
offence punishable under Section 138 of the Negotiable Instrument Act and
sentenced him to undergo R.I. for six months and directed to pay
2 CRR-1827-2024
compensation of Rs.4,69,800/- (four lakhs sixty nine thousand eight hundred)
to the respondent under Section 357(3) of Cr.P.C. with default stipulation.
Learned counsel for the applicant submitted that the applicant is ready to
deposit 50% of the compensation amount. Applicant is in custody since
09/06/2024. This revision is of the year 2024 and hearing of this revision will
take long time, hence prayed for suspension of remaining jail sentence and
release the applicant on bail.
After hearing learned counsel for the applicant, considering the facts and
circumstances of the case, the short sentence awarded to the applicant and the
fact that the applicant is ready to deposit 50% of the compensation amount and
he is in custody since 09/06/2024, the application is allowed.
It is directed that the execution of jail sentence passed against the
applicant shall remain suspended during pendency of this revision and he be
released on bail subject to his depositing 50% from the compensation amount
as awarded by the trial Court and on his furnishing personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to
the satisfaction of the trial Court for his appearance before the concerned trial
Court 09/09/2024 and on such subsequent dates as may be fixed in this regard
during pendency of this revision.
List for final hearing in due course.
(AMAR NATH (KESHARWANI))
JUDGE
Akm
