Madhya Pradesh High Court

Sukhdev Suryawanshi vs Gulab @ Munna Sahu on 9 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRR No. 2162 of 2024
                                              (SUKHDEV SURYAWANSHI Vs GULAB @ MUNNA SAHU)

                           Dated : 09-05-2024
                                  Dr. Hridesh Shrivastava - Advocate for the applicant.

                                  Issue notice to respondent on payment of process fee within seven days,

returnable in four weeks.

2. Applicant has filed I.A. No. 10930/2024, an application under Section 397 of Code of Criminal Procedure for suspension of jail sentence and

grant of bail.

3. Appellant has been convicted under Section 138 of Negotiable Instruments Act and sentenced to undergo R.I. for 3 months alongwith fine of Rs. 8,28,427/- with default stipulation to undergo further R.I. for 3 months.

4. It is submitted by learned counsel for the applicant that cheque amount is of Rs. 6 lacs. Applicant has deposited Rs. 1,50,000/-. He is ready to deposit Rs. 50,000/- more. It is submitted that offence is quasi criminal in nature. Applicant is head of the family and only earning person. Looking to the fixed short term of sentence, application may be allowed and sentence of appellant

may be suspended.

5. Heard the counsel for the parties.

6. Applicant is sentenced to 3 months fixed short term sentence. There is no likelihood for hearing of criminal revision in near future.

7. Considering aforesaid circumstances, I.A. for suspension of sentence is allowed subject to depositing Rs. 50,000/- under protest before the trial Court over and above the amount of Rs. 1,50,000/- deposited earlier. I t is hereby directed that the custodial sentence awarded to the applicant shall remain

suspended during the pendency of this revision, 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 01.08.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.

8. 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.

9. Record of the Court below be called for.

10. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

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