Madhya Pradesh High Court
Rajat vs Kamlesh on 8 April, 2025
1 CRR-1336-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 1336 of 2025
(RAJAT Vs KAMLESH )
Dated : 08-04-2025
Shri Abhay Saraswat, learned counsel for the applicant.
Heard on the question of admission.
Issue notice to the respondent on payment of P.F. within 7 working
days returnable within 8 weeks.
Record of the courts below be requisitioned.
Heard on I.A.No.4336/2025 an application under Section 5 of the
Limitation Act for condonation of delay. The revision is barred by 858 days.
The application is allowed for the reasons stated therein. The delay is
hereby condoned.
Heard on I.A.No.4082/2025, an application under Section 442(1) of
BNSS (397(1) of Cr.P.C.) for suspension of remaining jail sentence and
grant of bail on behalf of applicant-Rajat S/o Praveen Agarwal.
The applicant has been convicted by the trial court under section 138
of N.I. Act and sentenced to undergo 1 year RI and to pay compensation of
Rs.3,35,052/- with default stipulation and the order of conviction and
sentence has been affirmed by the appellate Court.
Learned counsel for the applicants while taking exception to this
impugned judgments submits that applicant is innocent and 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 suffers
from surmises and conjectures and have been passed ignoring serious
infirmities and anomalies. The appellant has deposited Rs.1 lac out of total
2 CRR-1336-2025
compensation of Rs.3,35,052/- and will deposit rest of the amount which
makes upto 50% of the total amount of compensation. The revision being of
the year 2025 is not likely to be heard finally in near future. There is a strong
case in favour of the applicants. Hence, under such circumstances prayer is
made for suspension of jail sentence and grant of bail.
Heard learned counsel for the applicant and perused the entire record
with due care.
Considering the aforesaid factual backdrop, all the facts and
circumstances of the case coupled with the fact that possibility of final
hearing of this revision in near future is 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 remaining
amount which makes upto 50% of the total amount of compensation within a
period of 30 days from today, 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 compensation amount within the
aforesaid period;
(2) The applicant shall appear before the Trial Court on 05.05.2025
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
3 CRR-1336-2025
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
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.
(BINOD KUMAR DWIVEDI)
JUDGE
RJ
