Phulchand Gayakwad vs Ajay And Others

Anjuli Palo, J

Also heard on I.A. No.1762/2022, which is first application for suspension of sentence and grant of bail on behalf of applicant

B y the impugned judgment dated 31.08.2021 passed in Criminal Appeal No.81/2018 the First Additional Sessions Judge, Mandla has convicted the

applicant under section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for one year and directed the applicant

to pay compensation amount of Rs.1,00,000/-.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The impugned judgment

has been passed without properly appreciating the oral and documentary evidence on record. The applicant was on bail during trial. The applicant is in

custody since 22.01.2022. In view of the aforesaid, prayer is made to suspend the sentence awarded to the applicant and to release him on bail.

Learned Panel Lawyer for the State has opposed the bail application. Considering the nature of offence and the averments made in the application,

without commenting upon the merits of the case,           I.A.No. 1762/2022 is allowed.

It is directed that on depositing a sum of Rs.50,000/- (Rupees Fifty Thousand only) towards the fine/compensation amount, if not already deposited,

and on furnishing a personal bond in the sum of Rs.40,000/-(Rupees Forty Thousand Only) with one solvent surety in the like amount to the

satisfaction of the trial Court, for his appearance before the trial Court on 01.07.2022 and on all other subsequent dates, as may be fixed by the trial

Court in this regard, the remaining part of the substantive jail sentence imposed upon applicant, namely, Phulchand Gayakwad shall remain suspended

during the pendency of this case and he shall be released on bail.

List for final hearing in due course.