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Judgment
On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, heard through Video Conferencing to maintain social
distancing. The applicant has been represented by his counsel through Video Conferencing.
The revision seems to be arguable, hence admitted for final hearing.
Issue notice to the respondent on payment of process fee by RAD post within four weeks.
Also heard on IA 4419/2020 an application for suspension of sentence and grant of bail to applicant.
Applicant has been convicted under Sections 138 of the Negotiable Instruments Act read with Section 357 of Cr.P.C., and Section 359 of the
Cr.P.C.,and sentenced to R.I.for one year with fine/compensation of Rs.6,98,500/-, and fine/compensation of Rs.25,000/- respectively with default
stipulation in Criminal Appeal No.404/2018 by learned 24th Addl. Sessions Judge, Bhopal vide judgment dated 19.02.2020.
Learned counsel for the applicant submits that applicant has been falsely implicated. He is in jail since 19.02.2020, and if the jail sentence is not
suspended then this revision will become futile.
On due consideration of the facts and circumstances of the case, and looking to the short period of jail sentence, it is directed that if applicant
Dwarkadas Devnani furnishes a surety in the sum of Rs.35,000/- (Rs. Thirty Five Thousand Only) and executes a personal bond in the like amount
to the satisfaction of concerned trial Court, the execution of the sentence of imprisonment passed against him shall remain suspended and he shall be
released on bail.
Once the Court below is satisfied, as regards the bail bonds, the jail authorities shall comply with the directions given by the Supreme Court with
regard to release of under trial prisoner from jail by ensuring that he is first examined by the jail doctor and if he shows any symptoms of COVID 19,
refer him to such hospital designated by the State and the said hospital, thereafter shall follow the protocol laid down by the State, with regard to the
Applicant. The State shall also comply with the directions of the Supreme Court passed in Writ Petition No.1/2020 about the transportation of such
prisoners from the jail to their place of residence.
After release, the applicant shall now appear before the Registry of this Court on 17.12.2020, and on such other dates which normally will not be less
than the period of eight months as may be directed to him in this regard till final disposal of this revision.
It is made clear that sentence of fine amount is not suspended.
With the above the application (IA 4419/2020) is finally disposed of.
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Jagat Singh, learned Govt. Advocate, on
their respective email addresses, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the
learned Court below.
List for final hearing in due course.