Harnam Singh vs Rajkumar
2025 Latest Caselaw 137 MP

Madhya Pradesh High Court

Harnam Singh vs Rajkumar on 1 April, 2025

Author: Anil Verma

Bench: Anil Verma

                                                               1                               CRR-5812-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                       CRR No. 5812 of 2024
                                                       (HARNAM SINGH Vs RAJKUMAR )



                         Dated : 01-04-2025
                               Shri Atul Gupta - advocate for the applicant.

                               Let the record of the Trial Court be requisitioned.
                               2. Issue notice to the respondent on payment of process fee within seven

working days. Notice be made returnable within six weeks.

3. Heard on I.A.No.6957 of 2025 under Section 5 of the Limitation Act.

4. The delay is 12 days in filing this revision petition.

5. For the reasons mentioned therein, the application is allowed, and the delay is condoned.

6. Also heard on I.A. No.7041/2025, which is an application under Section 397 (1) of Cr.P.C for suspension of sentence and grant of bail.

7. The applicant has been convicted for the offence under Section 138 of N.I. Act and sentenced to suffer six months RI with a fine/compensation of Rs.3,99,000/-+89775/- total Rs.5,10,935/- with default stipulation, which has been upheld by the appellate Court.

8. Learned counsel for the applicant contended that the applicant is innocent

and has been falsely implicated in the matter. After conviction, the applicant is in custody since 03.03.2025. He is permanent R/o District Vidisha. Final conclusion of this revision will take a long time. Hence, he prays for grant of bail and suspension of remaining jail sentence of the applicant till the final disposal of this criminal revision.

9. Judgment is perused.

10. Considering the facts and circumstances of the case, submissions made

2 CRR-5812-2024

by learned counsel for both the parties, also taking note of the fact that the applicant was remained on bail during trial as well as before the appellate stage, maximum sentence is of three months RI and final conclusion of this revision will take a long time, I deem it proper to suspend the remaining jail sentence of the applicant.

11. Accordingly, I.A. No.7041/2025 is allowed and the execution of remaining jail sentence of the applicant is hereby suspended till the final disposal of this Criminal Revision and it is ordered that applicant be released on bail subject to deposit of amount of Rs.2,56,000/- (Two lac and fifty six thousand) before the Trial Court and if any other amount is deposited by the applicant in the trial court, the same be adjusted against the said amount and upon furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand

only) with one solvent surety of the like amount each to the satisfaction of the Trial Court, with a further direction to appear before the Registry of this Court on 18.06.2025 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this revision.

12. After receipt of the record, the matter be listed for admission. C.C. as per rules.

(ANIL VERMA) JUDGE

Rks