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Judgment
9 paragraphs · 378 wordsPrakash Chandra Gupta, J
Heard on I.A. No.3597/2024, which is first application under Section 397(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence moved on behalf of applicant - Anil.
2 . Applicant has been convicted vide judgement dated 19.01.2021 passed in SCNIA No.1317/2015 by the Judicial Magistrate First Class, Sardarpur, District Dhar (M.P.) under Section 138 of the Negotiable Instruments Act and sentenced to undergo RI for 06 months with fine/compensation of Rs.6,50,000/- with usual default stipulation. The order of conviction and sentence has been affirmed by the 2nd Additional Sessions Judge, Sardarpur, District Dhar (M.P.) vide judgement dated 26.02.2024 passed in Criminal Appeal No.03/2021.
Learned counsel for the applicant submits that applicant is an innocent person and he has been falsely implicated in this matter. Final conclusion of this revision would take sufficient long time. Hence, it is prayed that execution of the remaining jail sentence of the applicant be suspended till final disposal of this revision.
4 . Looking to the short term of sentence and considering overall facts and circumstances of the case, coupled with the fact that final conclusion of this revision will take sufficient long time, this Court is of the view that it is a fit case to suspend the remaining custodial sentence of the applicant.
Accordingly, it is directed that subject to depositing 50% of the compensation amount before the concerned Trial Court, after adjusting the amount already deposited, if any, and on furnishing personal bond by the applicant in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the Trial Court, the execution of remaining custodial part of sentence of the applicant shall remain suspended, till final disposal of this revision. Accordingly, I.A. No.3597/2024 is allowed and stands disposed of.
The applicant, after being enlarged on bail shall mark his presence before the Registry of this Court on 13.05.2024 and on all such subsequent dates, as may be fixed by the Registry in this behalf.
7 . Issue notice to the non-applicant on payment of process fee within seven working days by RAD mode, returnable within six weeks.
Record of the Courts below be requisitioned. Certified copy, as per Rules.