Rohit Kumar Ahirwar vs Amit Kumar Khatri
2025 Latest Caselaw 6383 MP

Madhya Pradesh High Court

Rohit Kumar Ahirwar vs Amit Kumar Khatri on 21 August, 2025

                                                              1                              CRR-2963-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRR No. 2963 of 2025
                                               (ROHIT KUMAR AHIRWAR Vs AMIT KUMAR KHATRI )



                           Dated : 21-08-2025
                                 Shri Madan Singh - Advocate for the petitioner.

                                 Shri Pravesh Naveriya- Advocate for the respondent.

Heard on I.A.No.15737/2025, an application for condonation of delay in filing the present revision.

Looking to the reasons assigned therein, the application is allowed and

the delay in filing the present revision is hereby condoned.

Also heard on admisison.

Revision is admitted for final hearing.

Records of the Court below have been received.

Applicant has filed I.A. No.15336/2025, an application under Section 438(1) of BNSS of 2023 for suspension of sentence and grant of bail.

The applicant was convicted and sentence vide judgment dated 24.4.2019 passed by Judicial Magistrate First Class, Damoh in SCNIA No.70/2017 for the offence punishable under Section 138 of the Negotiable

Instrument Act and sentenced to imprisonment till rising of the Court with compensation of Rs.3,59,025/- with default stipulation, which is affirmed by the Appellate Court vide judgment dated 01.10.2021 passed by the First Additional Sessions Judge, Damoh (M.P.) in CRA No.34/2019.

Learned counsel for the applicant has submitted that applicant has deposited 50% of the compensation before the learned trial Court in

2 CRR-2963-2025 compliance of the Court order. It is further submitted that there are chances of amicable settlement between the parties. It is further submitted that applicant is in jail since 24.6.2025 and if he is not released on bail, then the purpose of filing this revision would become futile. Therefore, it is prayed that execution of jail sentence of the applicant be suspended and he be released on bail.

Considering the submission put-forth by learned counsel for the applicant as well as quantum of imprisonment imposed by the learned trial Court and affirmed by the learned appellate Court and the fact that final hearing of this revision may take time, without expressing any opinion on merits of the case, I deem it proper to suspend the remaining jail sentence of the applicant. Consequently, I.A. No.15336/2025 is allowed.

It is directed that execution of remaining jail sentence of the applicant is hereby suspended. It is directed that the applicant be released on bail on his furnishing a personal bond for 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 Registry of this Court on 17.11.2025 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this revision.

List the case for final hearing in due course.

(RAMKUMAR CHOUBEY) JUDGE

Ansari