Zaki Hashmi vs Saiyad Mustak Hussain
2025 Latest Caselaw 4689 MP

Madhya Pradesh High Court

Zaki Hashmi vs Saiyad Mustak Hussain on 21 February, 2025

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                             1                             CRR-252-2025
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRR No. 252 of 2025
                                                (ZAKI HASHMI Vs SAIYAD MUSTAK HUSSAIN )



                           Dated : 21-02-2025

Shri Hamid Khan, the brother of the applicant is present in person.

The Advocates are abstaining from Court work today on the call of Bar Association, therefore, brother of the applicant is appearing in the matter.

I.A. No.3033/2025 has been moved under Section 528 of BNSS, 2023

for modification of the order dated 29.01.2025 passed on the application for suspension of sentence and grant of bail.

This criminal revision is against the order passed by the appellate Court affirming the judgment passed by the trial Court convicting the applicant in an offence under Section 138 of the Negotiable Instruments Act and also awarded compensation.

The present applicant is in jail since last more than one month. This Court vide order dated 29.01.2025 has granted bail subject to deposit of 50% of the total amount of compensation. However, the brother of the applicant

appearing in the Court submits that it is very difficult and virtually not possible for them to arrange 50% of the total amount of compensation, therefore, request is being made to reduce the condition of 50% to 20%.

Considering the submission made and the reason assigned in the application, I am modifying the order dated 29.01.2025 and instead of 50%, bail is granted subject to depositing 20% of the compensation amount.

2 CRR-252-2025 The order dated 29.01.2025 is modified accordingly. Instead of 50%, the applicant is required to deposit 20% of the total amount of compensation awarded.

Accordingly, I.A. No.3033/2025 is allowed and disposed of.

(SANJAY DWIVEDI) JUDGE

PK