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Judgment
13 paragraphs · 357 wordsAnjuli Palo, J
Heard on the question of admission.
Admit.
Issue notice to the respondent by RAD as well as ordinary mode on payment of process fee within seven working days.
Also heard on I.A. No.13388/2022, which is an application filed on behalf of the applicant for suspension of sentence and grant of bail.
The applicant has been convicted by the trial Court under Section 138 of the Negotiable Instruments Act and sentenced to undergo S.I. for 3 months with fine of Rs.45,000/- with default stipulation vide judgment dated 8.11.2017 passed in Complaint Case No. 22/2011.
The aforesaid judgment has been challenged by the applicant before First Additional Sessions Judge, Shahdol in MJC No. 213/2022, which has been dismissed as barred by limitation.
Learned counsel for the applicant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on record. Maximum sentence awarded to the applicant is three months. The applicant is in custody and disposal of this revision will take considerable time, therefore, the jail sentence of the applicant may be suspended and he may be released on bail.
Looking to the nature of allegation and period of jail sentence awarded to the applicant, I find it to be a fit case to suspend the custodial sentence of the applicant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.
I t is directed that subject to depositing further sum of Rs.30,000/- (in addition to the fine amount, if any, already deposited) and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant Umesh Kunde shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 15.12.2022 and on such other dates as may be fixed in this regard.
The applicant shall regularly appear before the trial Court during the pendency of this revision without fail.
Record be requisitioned.
List for final hearing in due course.