Citation : 2024 Latest Caselaw 14850 MP
Judgement Date : 17 May, 2024
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 724 of 2024
(MUSTAQ CHOTUMIYA INAMDAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 17-05-2024
Shri M.P. Tripathi - Advocate for the applicant.
1. Heard on I.A. No. 4266/2024 filed under Section 397 of Cr.P.C. for
suspension of sentence and grant of bail to the applicant.
2 . Applicant has been convicted under Section 138 of Negotiable
Instruments Act and sentenced to undergo S.I. for 6 months with fine of Rs.
7,76,000/- with default stipulation.
3 . I t is submitted by learned counsel appearing for the applicant that
applicant is in jail since 02.02.2024. Applicant is ready to deposit 30% of the
cheque amount. Looking to the fixed term of sentence, application may be
allowed and sentence of applicant may be suspended.
4. Heard learned counsel for applicant.
5. Considering the aforesaid, application for suspension of sentence is
allowed on following condition that applicant will deposit 30% of the cheque
amount under protest before concerned trial Court. Amount which will be
deposited by the applicant shall be kept in FDR with instructions to renew the
same till pendency of revision and same will be subject to final judgment
passed in this criminal revision.
6 . I t is hereby directed that if applicant deposits 30% of the cheque
amount before the trial Court, then 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
Signature Not Verified
Signed by: VINOD KUMAR
TIWARI
Signing time: 17-05-2024
17:26:28
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like amount to the satisfaction of the trial Court, for his appearance before the
Registry of this Court on 09.08.2024 and on other dates as may be fixed in this
regard till final disposal of this revision.
7. Issue notice to the respondent on payment of process fee within seven
days, returnable within four week.
8. Records from the trial Court be requisitioned immediately.
9. C.C. as per rules.
(VISHAL DHAGAT) JUDGE
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