Gabbar Singh vs Shiv Singh
2024 Latest Caselaw 16648 MP

Madhya Pradesh High Court

Gabbar Singh vs Shiv Singh on 14 June, 2024

Author: Amar Nath Kesharwani

Bench: Amar Nath Kesharwani

                                                               1                              CRR-2916-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRR No. 2916 of 2024
                                                       (GABBAR SINGH Vs SHIV SINGH)

                           Dated : 14-06-2024
                                 Shri Anil Kumar Tiwari - Advocate for the applicant.

                                 Heard on I.A.No.14592/2024, an application under Section 5 of
                           Limitation Act for condonation of delay of 245 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 revision

                           petition is hereby condoned.
                                 Heard on the question of admission.
                                 Admit.
                                 On payment of process fees within seven days, issue notice to the
                           respondent. Notice be made returnable within four weeks.

Record of the trial Court as well as Appellate Court be requisitioned. Also heard on I.A.No.14591/2024, 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.

T his revision has been filed against the judgment dated 30/06/2023 passed by learned III Additional Sessions Judge, Khandwa, District Khandwa (M.P.) in Cr.A.No.4797/2019, whereby learned ASJ affirmed the judgement of conviction dated 31/07/2019 passed by learned JMFC, Khandwa in SC NIA No.1500146/2014, 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 compensation of Rs.3,02,000/- (Three lakhs two thousand) to the respondent

2 CRR-2916-2024 under Section 357(3) of Cr.P.C. with default stipulation.

Learned counsel for the applicant submitted that the applicant has already deposited a sum of Rs.1,00,400/- (One lakh four hundred) from the fine amount and he is ready to deposit a sum of Rs.1,00,000/- (One lakh) more. Applicant is in custody since 01/04/2024. 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 a sum of Rs.1,00,000/- (One lakh) and

he is in custody since 01/04/2024, 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 an additional amount of Rs.1,00,000/- (One lakh) 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 petition.

Certified copy today.

(AMAR NATH (KESHARWANI)) JUDGE

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