Madhya Pradesh High Court

Mohd. Shoyeb vs Rajesh Tomar on 1 April, 2025

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                             1                              CRR-5360-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRR No. 5360 of 2024
                                                    (MOHD. SHOYEB Vs RAJESH TOMAR )



                           Dated : 01-04-2025
                                 Shri Mithlesh PD Tripathi - Advocate for the applicant.
                                 Shri Ahmad Sajid Hussain - Advocate for the respondent.

Heard on I.A.No.28030/2024, which is first application filed under section 438/442 of Bhartiya Nagrik Suraksha Sanhita, 2023 filed on behalf of the applicant for suspension of sentence and grant of bail.

The applicant in this case was convicted for the offence of Section 138 of Negotiable Instruments Act and was awarded a sentence of R.I. for 6 months and compensation of Rs.87,500 vide impugned judgment dated 28/09/2024 passed by Sessions Judge, Burhanpur, District Burhanpur in Cr.A. No.220/2024.

In this first application for suspension of sentence, a request has been made to suspend the sentence on the ground that applicant has already deposited the entire compensation amount of Rs.87,500/- and a compromise has been reached between the parties. It is also submitted that the applicant is

in custody since 22.03.2025 and for this certified copy of the order-sheet of the trial Court has been filed. Learned counsel appearing on behalf of the respondent has admitted the facts argued by the counsel for the appellant and he has no objection in allowing the application.

Heard learned counsel for the applicant, perused the records and the judgments of the Courts below.

2 CRR-5360-2024 Having considered the submissions and on perusal of the record, this Court is of the considered opinion that till disposal of this revision, execution of jail sentence awarded to the applicant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the compensation amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 08/07/2025 and on

such other dates as may be fixed in this regard. The applicant shall regularly appear before the trial Court during the pendency of this revision without fail.

List the case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

DevS