Madhya Pradesh High Court

Lokeshwar Chandela vs Subhash Agrawal on 26 May, 2025

                                                             1                            CRR-2472-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRR No. 2472 of 2025
                                              (LOKESHWAR CHANDELA Vs SUBHASH AGRAWAL )



                           Dated : 26-05-2025
                                 Shri Ravi Shankar Yadav - Advocate for the applicant.

                                 Heard on IA No. 12648/25, an application for urgent hearing during
                           vacation.
                                 For the reasons stated in the application, same is allowed and matter is
                           taken up for hearing.

                                 Heard on the question of admission.
                                 Issue notice to the respondent on payment of PF by tomorrow. Notice

be made returnable within four weeks.

Record of trial Court as well as Appellate Court be requisitioned. Also heard on I.A. No. 12647 of 2025 , application filed on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the trial Court under Section 138 of NI Act, 1880 and sentenced to undergo S.I. for 6 months and awarded compensation of Rs. 9,26,500/- to the complainant. The appellate Court

upheld the judgment of conviction of trial Court dated 06-10-2023.

The counsel for the applicant submits that applicant is in custody since 17-05-2025 and ready to deposit the entire balance amount of compensation. The counsel submits that the jail sentence awarded to the applicant is of six months and disposal of this revision would take considerable time, therefore, the custodial sentence of the applicant be

2 CRR-2472-2025 suspended and he be released on bail.

The counsel for the State has opposed the application. Looking to the nature of offence, short term sentence awarded to the applicant and the period of incarceration, this Court deems it to be a fit case to suspend the custodial sentence of the applicant and to release him on bail, therefore, without commenting on the merits of the case, this application is allowed.

It is directed that subject to depositing the entire balance compensation amount, if not already deposited and on furnishing a personal bond in a sum o f Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the applicant shall remain suspended and he shall be released on bail for

securing his presence before the Registry of this Court on 14.07.2025 and on such other dates as may be fixed by Registry in this regard during pendency of this revision.

The complainant shall be at liberty to pray for withdrawal of amount of compensation and upon such prayer by the complainant, the balance compensation amount be paid to the complainant on furnishing adequate security and undertaking to the satisfaction of the trial Court.

List after four weeks.

(VINAY SARAF) V. JUDGE