Prakash vs Thakurdas

Heard learned counsel for the applicant on IA No.26/2020, first application under Section 397 of the Code of Procedure for suspension of jail sentence moved on behalf of the applicant -Prakash.

The applicant has been convicted for the commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo RI for 6 months and to pay compensation of Rs.3.0 Lacs to the respondent, vide judgment dated 20/09/2018 passed by Fourth Additional Sessions Judge, Ratlam in Criminal Appeal No. 26/2016.

Learned counsel for the applicant submitted that the applicant was on bail during the trial as well as during pendency of the appeal and he did not misuse the liberty so granted to him. The applicant has already suffered more than two and half months of the custodial sentence out of 6 months RI. The parties have entered into the compromise and in this regard the complainant has also filed an affidavit. There are fair chances of success of this revision and there is no likelihood of hearing of the revision in near future. If the remaining custodial sentence of the applicant is not suspended then revision filed by him may turn infructuous. The applicant is ready to deposit the compensation amount. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the applicant.

None for the respondent to opposed the application.

Considering the submissions made on behalf of the applicant and facts and circumstances of the case, it would be appropriate to suspend the jail sentence of the applicant.

Accordingly, I.A. No.26/2020 is allowed and it is directed that subject to depositing compensation amount of Rs.3.0 Lacs and on furnishing personal bond by applicant-Prakash in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the applicant shall remain suspended, till the final disposal of this revision.

The applicant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 10/08/2020 and on all such subsequent dates, which are fixed in this regard by the registry.