Sanjay Rathore vs Balkrishna Sharma
2024 Latest Caselaw 6569 MP

Madhya Pradesh High Court

Sanjay Rathore vs Balkrishna Sharma on 4 March, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                         CRR No. 685 of 2024
                                                   (SANJAY RATHORE Vs BALKRISHNA SHARMA)

                           Dated : 04-03-2024
                                 Mr. Om Prakash Mathur - Advocate for the petitioner.

                                 Mr. Vilas Tikhe - Advocate for the respondent.

Heard on I.A.No. 3249 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 31.01.2024 in

Cr.A.No.51/2023 passed by Additional Session Judge, Shivpuri (M.P.) affirming the judgment of conviction and sentence dated 16.01.2020 passed in SCNIA Case No.42/2020 by the Judicial Magistrate First Clas s , District Shivpuri (M.P.) whereby, petitioner has been convicted and sentenced under Section 138 of Negotiable Instruments Act 1981 to undergo simple imprisonment of four months with default stipulation.

Learned counsel for the petitioner argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. It is further submitted that he has already served incarceration about one month. Counsel

for the petitioner stated at bar that parties have settled their dispute amicably out of the Court which has been confirmed by the Counsel for the complainant at b ar before this Court. In such circumstances, he should be released on bail forthwith.

Counsel for the respondent has no objection to the prayer made on behalf of the petitioner.

Keeping in view the facts & circumstances of the case as well as matter

has been resolved between the parties, but without commenting on merit of the case, IA No. 3249 of 2024 is allowed and disposed of. The execution of remaining jail sentence of petitioner is hereby suspended forthwith by furnishing personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of trial Court. The petitioner shall now appear before the Registry of this Court 19.06.2024 and on all other dates which may be given by the Office for his appearance.

I t is made clear that the matter has already been settled between the parties, therefore, the matter be placed before ensuing Lok Adalat i.e. on 09.03.2024 for final disposal.

Certified copy/e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)