High CourtsSingle Bench(2020) 08 MP CK 0089

Jairam Patidar vs Ambaram Patidar

Madhya Pradesh High Court · Decided on 18 August 2020

HON’BLE JUDGES
S. K. Awasthi, J
CASE NUMBER
Criminal Revision No.1105 Of 2020

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Judgment

16 paragraphs · 297 words

Heard on IA No.1844/2020, first application under Section 397 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant

of bail filed on behalf of the applicant.

The present applicant has been convicted for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (herein after referred to

as the Act, for brevity) and sentenced to undergo one year simple imprisonment with fine of Rs.7,00,000/- by learned 1st Additional Sessions Judge,

Bagli District Dewas (MP) in Criminal Appeal No.34/2018 vide judgment dated 20.02.2020.

Looking to the short sentence imposed on the applicant, learned counsel for the applicant prays for suspension of jail sentence.

On due consideration of the totality of facts and circumstances of the case, material evidence available on record, so also the jail sentenced awarded

to the applicant, I am inclined to allow the application for suspension of jail sentence and release him on bail.

Accordingly, without expressing any opinion on merits, IA No.1844/2020, first application for suspension of jail sentence filed on behalf of applicant

is allowed and it is directed that the execution of jail sentence awarded to the applicant shall remain suspended, subject to his depositing additional 25%

of the fine amount (i.e. Rs.1,75,000/-) and upon furnishing personal bond in the sum of Rs.50,000/-(rupees fifty thousand) with one local solvent

surety in the like amount to the satisfaction of the trial Court for his appearance before this Court/Registry on 4th  January, 2021 and on such other

dates as may be fixed by the Registry in this regard.

List the matter on the question of admission.

In the meanwhile, let the record of the case from the concerned trial Court as well as appellate Court be requisitioned, if not already received.

C. c. as per rules.