Madhya Pradesh High Court
Ritesh vs Ravindra on 4 October, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1 CRR-2917-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 2917 of 2024
(RITESH Vs RAVINDRA )
Dated : 04-10-2024
Shri Mithilesh Prasad Tripathi - Advocate for the applicant.
Notice issued to respondent is not received back served or unserved.
Heard on I.A.No.14613/2024, an application for suspension of jail
sentence and grant of bail, pending the revision.
The applicant has been convicted for commission of offence under
Section 138 of the Negotiable Instruments Act, 1981 and has been sentenced
to undergo R.I. for one year and was further directed to pay compensation of
Rs.12,31,000/- under Section 357(3) of Cr.P.C. with default stipulations vide
judgment dated 07.02.2024 passed by the learned Judicial Magistrate First
Class, Burhanpur in Criminal Case No.671/2021 (Ravindra Vs. Ritesh ). An
appeal was preferred by the applicant before the Court of Sessions
challenging the judgment of conviction and order of sentence, but learned
Sessions Judge, Burhanpur (MP) vide judgment dated 27.05.2024 passed in
Criminal Appeal No.56/2024 ( Ritesh Vs. Ravindra ) has dismissed the appeal
and affirmed the judgment of conviction & order of sentence passed by the
Trial Court.
Learned counsel for the applicant has submitted that applicant has
been erroneously convicted by Courts below as they have not properly
appreciated the evidence of prosecution witnesses and material on record. It
2 CRR-2917-2024
is submitted that evidence of prosecution witnesses is full of omissions and
contradictions and such omissions and contradictions have not been
considered in right perspective by the learned trial Court. There is no legal
and admissible evidence against the applicant. It is also submitted that only
one year sentence has been awarded to the applicant; out of which, he has
already suffered more than four months in jail. Applicant has fair chances to
succeed in revision. There is no possibility of coming of this revision
petition for hearing in near future. Therefore, if the execution of jail sentence
of applicant is not suspended, the purpose of filing this revision petition
would become futile. The applicant is ready to furnish adequate surety and
shall abide by all the terms and conditions imposed by the Court. Thus, it is
prayed that custodial jail sentence of the applicant may be suspended and he
may be released on bail.
I have gone through the evidence & documents on record and findings
recorded by the learned Trial Court as well as Appellate Court.
Having taken into consideration the nature of sentence, evidence of
witnesses on record and the submissions put-forth by learned counsel for the
applicant and the fact that there is bleak possibility of hearing this revision
petition in near future, I deem it proper to suspend the remaining jail
sentence of the applicant, pending the revision petition. Consequently,
I.A.No.14613 of 2024 is allowed.
It is directed that the execution of jail sentence of applicant - Ritesh is
hereby suspended subject to depositing 50% of Rs.12,31,000/- (i.e. half of
compensation amount), if not already deposited. It is directed that the
3 CRR-2917-2024
applicant be released on bail on his furnishing a personal bond to a sum of
Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like
amount to the satisfaction of the trial Court, with a further direction to appear
before the trial Court on 16.12.2024 and also on such other dates, as may be
fixed by that Court in this regard during the pendency of this revision.
List the case on 23.10.2024 to consider the service of notice upon
respondent.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
@shish
