High CourtsSingle Bench(2022) 02 MP CK 0057

KU. Sonam Tiwari vs Vinod Kumar Sahu

Madhya Pradesh High Court · Decided on 8 February 2022

HON’BLE JUDGES
Anjuli Palo, J
RESULT
Allowed
CASE NUMBER
Criminal Revision No. 411 Of 2022

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Judgment

22 paragraphs · 335 words

Anjuli Palo, J

This revision seems to be arguable, therefore, admitted for hearing. Issue notice to the respondent by both (registered as well as ordinary) modes on

payment of process fee within seven working days.

Heard on I.A. No.2072/2022 and I.A. No. 2073/2022, which is an application for suspension of sentence and grant of bail to the applicant.

The applicant has been convicted by the lower appellate Court under Section 138 of the Negotiable Instruments Act and sentenced till rising of the

Court along with compensation of Rs.3,79,000/- with default stipulation.

Learned counsel for the applicant submits that the Courts below have not appreciated the oral and documentary evidence available on record in right

perspective. The applicant is a young girl of 25 years of age. The applicant has already deposited a sum of Rs. 97,500/- out of the compensation

amount of Rs.3,79,000/-. She was on bail during trial and she did not misuse the liberty granted to her, therefore, the execution of the impugned order

may be stayed.

Learned Panel Lawyer has opposed the application.

Considering the overall facts and circumstances of the case, the period of sentence awarded to the applicant and the fact that she is a young girl aged

25 years, the application is allowed.

It is directed that subject to depositing further amount of Rs.75,000/-(Rupees Seventy Five Thousand only) before the trial Court within 15 days from

today in addition to the compensation amount already deposited by the applicant and on furnishing a personal bond in a sum of Rs.50,000/-(Rupees

Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the execution of impugned judgment shall

remain stayed.

The applicant shall appear before the trial Court concerned on 4.7.2022 and on such other dates as may be fixed by the trial Court during the

pendency of this revision.

Accordingly, I.A. No.2072/2022 and I.A. No. 2073/2022 stand disposed of.

Record of the Courts below be requisitioned.

List for final hearing in due course.