Madhya Pradesh High Court
Jawahar Rawat vs Sahayak Prabandhak Central Bank Of ... on 14 August, 2018
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CRR-3762-2018
The High Court of Madhya Pradesh
CRR-3762-2018
(Jawahar Rawat Vs. Sahayak Prabandhak Central Bank of India & anr.)
Gwalior, Dated : 14-08-2018
Shri Rajmani Bansal, counsel for the applicant.
Shri R.K. Awasthi, Public Prosecutor for the respondent/State.
Heard on I.A. No.6253/2018. This is first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail.
The applicant has been convicted under Section 138 of the Negotiable Instrument Act and sentenced to undergo six months' rigorous imprisonment with a compensation of Rs.60,000/- with default imprisonment.
It is submitted by the counsel for the applicant that he is willing to pay the cheque amount Rs.60,000/- and penalty of 20% over and above the cheque amount. It has come in para 15 of the judgment that the applicant has deposited only a sum of Rs.15,000/- before the trial Court. It is further submitted by the counsel for the applicant that the applicant was on bail during the trial and he has not misused the liberty so granted. He is in custody since 31.07.2018. The applicant has a good case and there are fair chances of success in this revision. On these grounds, the applicant prays for suspension of sentence and grant of bail.
Per contra, the application is opposed by the counsel for the State.
Considering the facts and circumstances of the case so also the fact that final hearing of this revision is likely to take long time, without expressing any opinion on the merits of the case, application (I.A. No. 6253/2018) is allowed. The execution of remaining jail sentence awarded to the applicant shall remain suspended during the pendency of this revision and he shall be released on bail subject to depositing a sum of Rs.57,000/- within seven days to be released in 2 CRR-3762-2018 favour of the complainant, and on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties of the same amount to the satisfaction of the trial Court for his appearance before the CJM, Shivpuri on 15.01.2019 and on such subsequent dates as may be fixed by the concerned C.J.M. C.C. as per rules.
(Vivek Agarwal) Judge Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2018.08.16 11:30:52 +05'30'