Deepchand Ahirwar vs Sachin Pathak
2024 Latest Caselaw 6708 MP

Madhya Pradesh High Court

Deepchand Ahirwar vs Sachin Pathak on 5 March, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                                   1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRR No. 5860 of 2023
                                                 (DEEPCHAND AHIRWAR Vs SACHIN PATHAK)

                    Dated : 05-03-2024
                           Shri Anuj Singh - Advocate for the applicant.

                           Shri U.S. Jaiswal - Advocate for the respondent.

Heard on I.A. No.1136/2024, an application under Section 5 of Limitation Act for condonation of delay as this revision has been filed after a delay of 65 days.

Application is supported by the affidavit of Amit Kumar son of the applicant.

Learned counsel for the respondent raises no objection in allowing application. For the reasons stated in the I.A. No.1136/2024, same is allowed and delay caused in presentation of the revision is hereby condoned.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima-facie, this criminal revision seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.29706/2023, an application under Section 397 of Cr.P.C for

suspension of jail sentence and grant of bail pending revision.

The applicant was convicted under Section 138 of the Negotiable Instruments Act and has been sentenced to undergo R.I. for six months. He was directed to pay compensation of Rs.4,62,875/- to the complainant, with default stipulation, by the learned Judicial Magistrate First Class Bhopal by judgment dated 12.09.2022 passed in Criminal Case No.4319/2019 (Sachin Pathak vs. Deepchand Parihar). Appeal was preferred challenging judgment, but 25th Additional Sessions Judge Bhopal, District Bhopal vide judgment dated 15.06.2023 passed in Criminal Appeal No.547/2022 (Deepchand

Parihar vs. Sachin Pathak) affirmed the judgment by trial Court and dismissed appeal.

Learned counsel for the applicant submits that the applicant is in judicial custody. He further submits that the applicant is ready to abide by all the conditions imposed by the Court, if bail is granted to him. He further submits that the final hearing of the revision will take a long time and if the applicant remains in jail, the purpose of filing this revision would become futile.

Learned counsel for the respondent has not opposed the prayer. Considering the argument advanced by learned counsel for the parties, I am inclined to allow the application, subject to deposit of 50% of the compensation amount i.e. Rs.4,62,875/- before the trial Court.

I t is directed that on applicant's depositing 50% of the compensation amount before the trial Court within a period of 30 days from today, his remaining jail sentence shall remain suspended and he shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety bond of like amount to the satisfaction of trial Court concerned for his appearance before the trial Court on 02.09.2024 and on such other dates as may be fixed by the trial Court in this regard.

Accordingly, I.A. No.29706/2023 stands disposed of in the above terms. List the case for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE ak