Mukesh Kewat vs Mohd. Sultan Kujda

Pramod Kumar Agrawal, J

Heard on I.A.No.27435 of 2023, which is an application for suspension of sentence and grant of bail on behalf of applicant.

The applicant has been convicted by the trial Court for offence punishable under section 138 of Negotiable Instruments Act and sentenced to undergo S.I. for 06 months with fine of Rs.13,93,938/-, with default stipulation.

The aforesaid conviction and sentence has been affirmed by the Appellate Court.

Learned counsel for the applicant submitted that applicant is in custody. He further submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant was on bail during trial and never misused the liberty given to him. It is further submitted that applicant is ready to deposit further amount as may be directed by this Court. Final disposal of this revision would take considerable period of time. Hence, prayer has been made to suspend the jail sentence of applicant.

Considering the over all facts and circumstances of the case, final disposal of this revision would take considerable time, without commenting on merits of the case, the application is allowed.

It is directed that subject to depositing 20% of the compensation amount and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 29.01.2023 and on such other dates as may be fixed in this regard during pendency of this revision, without fail.

Let notice be issued to the respondent on payment of process fee by RAD mode within seven working days.

Record of the Courts below be requisitioned.

List for admission after receipt of record.