Madhya Pradesh High Court

Sufiya Peerjada vs Ashwin on 2 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRR No. 1511 of 2024
                                                        (SUFIYA PEERJADA Vs ASHWIN)

                           Dated : 02-05-2024
                                 Shri Bhupendra Kumar Shukla - Advocate for the applicant.

                                 Shri Nitin Saraf - Advocate for the respondent.

Applicant has filed I.A. No.7883/2024, an application under Section 397 of Code of Criminal Procedure for suspension of jail sentence and grant of bail.

2. It is submitted by learned counsel for the applicant that short term

fixed sentence has been imposed upon the applicant. It is submitted that applicant is ready to deposit 50% of the cheque amount. There is no likelihood of hearing of revision in near future. Looking to the fixed short term of sentence, application may be allowed and sentence of appellant may be suspended.

3. Learned counsel appearing for the respondent opposed the application for suspension of sentence.

4. Heard the counsel for the parties.

5. Applicant is sentenced to one year fixed short term sentence. There is

no likelihood for hearing of criminal revision in near future.

6. Considering aforesaid circumstances, I.A. for suspension of sentence is allowed subject to depositing 50% of the cheque amount under protest before the trial Court. It is hereby directed that the custodial sentence awarded to the applicant shall remain suspended during the pendency of this appeal subject to depositing fine amount, if already not deposited, and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond of the like amount to

the satisfaction of the trial Court, for his appearance before the Registry of this Court on 25.07.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.

7. Amount deposited by applicant before the trial court, shall be kept in F.D.R with a nationalized bank and shall be subject to final judgment passed in this revision.

8. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

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