Madhya Pradesh High Court
Mukesh vs Khushyal on 2 April, 2025
1 CRR-6424-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 6424 of 2024
(MUKESH Vs KHUSHYAL )
Dated : 02-04-2025
Applicant by Shri Akash Mahajan - Advocate.
Heard on IA No.20624 of 2024 , which is an application under Section
5 of the Limitation Act, 1963 for condonation of delay.
Delay of 39 days in filing the revision is duly explained in the
application, which is well supported by an affidavit, therefore, application is
allowed for the reasons stated therein; and delay in filing the revision is
hereby condoned.
Heard on the question of admission.
Being arguable, the revision is admitted for final hearing.
Let notice by RAD Mode be issued to the respondent (s) on payment
of Process Fee (PF) within a period of seven working days. Notice be made
returnable within eight weeks.
Also heard on I.A.No.20625 of 2024 , first application under Section
438 (1) of Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of
remaining jail sentence and grant of bail on behalf of applicant -Mukesh
Birla S/o Shri Biharilal Birla.
Vide judgment of conviction and order of sentence dated 30.09.2024
passed in criminal case bearing number RCT/425 of 2021, the applicant
stands convicted under Section 138 of Negotiable Instruments Act, 1881 and
sentenced to undergo one year simple imprisonment with compensation
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amount of Rs.5,88,000/- (rupees five lakh eighty eight thousand only) with
usual default stipulation; and the judgment of conviction and order of
sentence has been affirmed by the appellate Court.
Learned counsel for the applicant while taking exception to this
impugned judgments submits that applicant is innocent and he has been
falsely implicated in this matter. Both the Courts below have not appreciated
the evidence in its right perspective. There are material contradictions and
omissions in the statement of the witnesses. Impugned judgments suffer from
surmises and conjectures and have been passed ignoring serious infirmities
and anomalies. It is further submitted that present applicant is suffering jail
incarceration since 14/08/2024. The revision being of the year 2024 is not
likely to be heard finally in near future. There is a strong case in favour of
the applicant. Hence, under such circumstances prayer is made for
suspension of jail sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgments impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present applicant. He further submits that no amount has been
deposited so far by the applicant.
Heard learned counsel for the parties and perused the available record.
Considering the aforesaid factual backdrop, all the facts and
circumstances of the case, looking to the evidence in entirety coupled with
the fact that possibility of final hearing of this revision in near future is
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bleak, without expressing any conclusive opinion on merits, I find it to be a
fit case to suspend the remaining custodial sentence of the applicant.
Accordingly, application is allowed subject to deposit of 50% of the
compensation amount within a period of 30 days from today and subject to
deposit of fine amount (if not already deposited) the remaining jail sentence
during the pendency of the revision is hereby suspended and it is directed
that applicant be released on bail on his furnishing personal bond in sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the
like amount to the satisfaction of learned trial Court for compliance with
following conditions:-
(1) The applicant shall deposit the amount of compensation / fine (if
any), as directed, forthwith;
(2) The applicant shall appear before the Trial Court on 21/04/2025
and on such further dates as may be directed by the Trial Court;
(3) The applicant 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 applicant on
any date, on sufficient cause being shown [Chapter XIII Rule 42 Sub-Rule 2
of the M.P. High Court Rules, 2008].
Where the applicant do not appear on the date of his appearance before
the Trial Court and no sufficient cause for non-appearance is shown, the
4 CRR-6424-2024
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 Cr.P.C. /
Section 491 of BNSS, 2023 against such applicant 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 applicant
shall be forwarded in custody to undergo sentence of imprisonment under
intimation to the Registry of this Court.
Accordingly, the I.A. stands allowed and disposed off.
Registry is directed to list the matter for final hearing in due course.
In the meantime, let the record be requisitioned.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
