Madhya Pradesh High Court
Ramchandra Bodana vs Kailashchandra Prajapti on 3 October, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 CRR-3630-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 3630 of 2024
(RAMCHANDRA BODANA Vs KAILASHCHANDRA PRAJAPTI )
Dated : 03-10-2024
Shri Akhilesh Kumar Saxena advocate for applicant.
Shri Aditya Verma advocate for respondent.
Heard on the question of admission.
Being arguable, the revision is admitted for final hearing.
Heard on I.A. No. 12575 of 2024, which is first application under Section
389 of CrPC for suspension of sentence and grant of bail filed on behalf of
revision - petitioner.
This criminal revision under Section 397 of CrPC has been filed against the
judgment and sentence dated 28.6.2024 passed by the First Additional Sessions
Judge, District Shajapur (M.P.) in Cr.A.No. 3/2024 affirming the judgment and
sentence dated 14.12.2023 passed by JMFC, District Shajapur (M.P.) in Case No.
282/2021, by which the petitioner has been convicted under Section 138 of
Negotiable Instrument Act and sentenced to undergo one year's simple
imprisonment with fine/compensation of Rs.4,57,448/- along with default
stipulation.
Learned Counsel for the revision-petitioner submits that learned
Appellate Court did not appreciate the evidence in proper perspective. Further, the
learned Appellate Court did not properly consider the contentions raised in the
appeal. It is further submitted that the petitioner has deposited Rs.2,29,000/-.
Thus, the petitioner has deposited 50% amount equivalent to the amount of cheque
in question to show his bonafide. The appellant is undergoing sentence of
2 CRR-3630-2024
imprisonment from 15.7.2024. There is no likelihood of early hearing of revision
in near future. On these grounds, learned Counsel prays that execution of
remaining jail sentence of revision petitioner may be suspended and he may be
enlarged on bail.
Per contra , learned counsel for respondent opposes the application and
prays for rejection of suspension of sentence and grant of bail.
Upon hearing learned Counsel for the parties, but without commenting
upon rival contentions touching merits of the case, this Court is of the view that
application deserves to be allowed. It is, accordingly directed that execution of
remaining jail sentence of revision petitioner- Ramchandra Bodana shall remain
suspended during pendency of this revision and he shall be enlarged on bail
subject to furnishing personal bond in the sum of Rs.5,00,000/- (Rupees Five Lacs
Only) with one solvent surety in the like amount to the satisfaction of Trial Court
for compliance with following conditions:-
(1). The revision petitioner shall deposit the amount of Rs. 1,00,000/-(Rs.
One Lac only) every year on or before 31st of March, till final hearing of the
revision.
(2). The revision petitioner shall appear before the Trial Court on
18.12.2024 and on such further dates as may be directed by the Trial Court;
(3). The revision petitioner shall ensure hearing of the revision on the date
fixed for such hearing and shall also ensure proper legal representation on his
behalf, on the date notified for hearing.
In case of breach of any of the aforementioned conditions, this order
granting suspension of sentence shall become ineffective.
The Trial Court shall be authorized to grant exemption from attendance to
the revision petitioner on any date, on sufficient cause being shown [Chapter
3 CRR-3630-2024
XIII Rule 42 Sub-Rule 2 of the M.P. High Court Rules, 2008].
Where the revision petitioner does not appear on the date of his appearance
before the Trial Court and no sufficient cause for non-appearance is shown, the
Trial Court shall be authorized to issue non-bailable/bailable warrants to secure
his attendance under intimation to the Registry of High Court. The Trial Court
shall also proceed under Section 446 of CrPC/491 of BNSS, 2023 against such
revision petitioner and his surety without any reference to this Court and without
any impediment of the order granting bail. [Chapter XIII Rule 42 Sub-Rule 3 of
M.P. High Court Rules, 2008].
On arrest/surrender in compliance with the warrant, the revision petitioner
shall be forwarded in custody to undergo sentence of imprisonment under
intimation to the Registry of this Court.
Accordingly, IA No. 12575/2024 stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
BDJ
