[Cites 1, Cited by 0]
Madhya Pradesh High Court
Sheikh Akram vs Bhupendra on 10 March, 2026
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1 CRR-807-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 807 of 2026
(SHEIKH AKRAM Vs BHUPENDRA )
Dated : 10-03-2026
Shri B.S. Sahu - Advocate for the applicant.
Learned counsel for the applicant submits that the matter relates to
Negotiable Instrument Act.
It is further submitted that the applicant - accused is in jail and
Vakalatlanama has been filed from the jail.
Heard on I.A. No.5053 of 2026 , an application for condonation of
delay.
It is allowed and delay in filing of this revision is condoned.
Heard on admission.
The revision is admitted for final hearing. Call record.
On payment of PF within seven working days, let notice be issued to the
respondent.
Also heard on IA No.4285/2026, first application under Section
438/442 of B.N.S.S., 2023 for suspension of remaining jail sentence and
grant of bail filed on behalf of applicant.
The applicant is aggrieved of the judgment dated 2.07.2024 passed by
the learned 4th Additional Session Judge, Gadarwara, District Narsinghpur,
(M.P.) in CRA No.68/2023 arising out of the judgment dated
20.07.2023 passed by the learned Judicial Magistrate, Ist Class, Gadarwara,
District Narsinghpur, M.P. in SC NIA No.192 of 2018, whereby, applicant
has been convicted and sentenced as under:-
2 CRR-807-2026
Conviction Sentence
Imprisonment in lieu
Section Act Imprisonment Fine
of fine
Compensation
of
Negotiable Rs.2,50,000/-
R.I. for 6 months. Additional S.I. for
138 Instrument with 9%
1 month.
Act interest from
the date of
judgment.
Learned counsel for the appellant submits that applicant is in jail and if
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.
Heard learned counsel for the applicant.
After perusal of the record and hearing the arguments 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.
Accordingly, IA No.4285/2026 is allowed.
It is directed that subject to depositing entire amount as mentioned
in para -26 of the judgment dated 20.7.2023 in SC NIA No.192 of 2018 in
the trial court by the applicant and on his furnishing a personal bond for a
sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with a solvent
surety in the like amount to the satisfaction of the Trial Court for his
appearance before the Trial Court on the dates as may be fixed by the Trial
Court, the execution of remaining part of jail sentence imposed upon
applicant shall remain suspended and he shall be released on bail till final
disposal of the revision.
3 CRR-807-2026
It is made clear that deposit of entire amount as directed by the trial
court shall be a pre condition for grant of bail. ( if any amount depositied
earlier shall be adjusted).
Applicant shall follow the conditions of Section 438 (3) for suspension
of sentence as under:-
(a) that such person shall attend in accordance with the conditions of
the bond executed under this Chapter;
(b) that such person shall not commit an offence similar to the offence
of which he is accused, or suspected, of the commission of which he is
suspected; and,
(c) that such person shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing such facts to the Court or to any
police officer or tamper with the evidence.
List the case after service report is received.
C.C. as per rule.
(AVANINDRA KUMAR SINGH)
JUDGE
bks
