Citation : 2025 Latest Caselaw 3365 MP
Judgement Date : 27 January, 2025
1 CRR-338-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 338 of 2025
(SMT. NEELAM BANGRE Vs NIKESH KUTHE )
Dated : 27-01-2025
Shri S.K. Soni - Advocate for the applicant.
Let record of both the courts below be called for.
Let notice be issued to the respondent on payment of process fee
within seven days by RAD mode, returnable within six weeks.
Heard on I.A. No.1651/2025, which is the first application filed under
Section 438/442 of Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of sentence and grant of bail on behalf of the applicant.
The applicant stood convicted under Section 138 of Negotiable Instruments Act and sentenced to suffer six months RI with fine of Rs.1 Lakh and in default, SI for three months.
Learned counsel for the applicant submits that the applicant has only deposited Rs.20,000/- as fine amount and he is in jail from the date of judgment i.e. 13.01.2025.
Looking to the short term of sentence, I am of the opinion that the
application for suspension of sentence and grant of bail can be considered. Therefore, without commenting anything on the merits of the case, the application is allowed.
It is directed that on depositing the entire fine amount, if already not deposited, the remaining jail sentence of the applicant shall remain suspended and he shall be released on bail upon his furnishing a personal
2 CRR-338-2025 bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with a surety bond of like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 14.05.2025 and thereafter on such other dates as may be fixed by the Registry in this regard.
Accordingly, I.A. No.1651/2025 stands allowed and disposed of. List the revision after service of notice on the respondent and receipt of record, for admission.
(SANJAY DWIVEDI) JUDGE
Sudesh
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