Madhya Pradesh High Court
Devendra Jain vs Vipin Kumar Jaiswal on 30 November, 2018
1 CRR-2154-2018
The High Court Of Madhya Pradesh
CRR-2154-2018
(DEVENDRA JAIN Vs VIPIN KUMAR JAISWAL)
3
Jabalpur, Dated : 30-11-2018
Shri R.K. Gupta, learned counsel for the applicant.
Ku. Seema Jaiswal, learned counsel for the respondent.
Record of court below has been received.
Heard on admission.
Admit.
Heard on I.A.No.7534/2018 for suspension of sentence and grant of bail filed on behalf of petitioner Devendra Jain.
A perusal of impugned judgment reveals that petitioner Devendra stands convicted under Section 138 of Negotiable of Instruments Act, 1881 and has been sentenced to undergo simple imprisonment for a period of 6 months and to pay a compensation in the sum of Rs.61,737/- with default stipulation.
Learned counsel for the petitioner submits that the petitioner was arrested and confined to Central Jain, Jabalpur on 12.11.2018. In support of aforesaid contention, he has filed vakalatnama signed by Superintendent, Central Jail, Jabalpur. He submits that the petitioner is prepared to deposit entire amount of the cheque of Rs.50,000/- including the amount of Rs.15,500/- already deposited by him, therefore, it is prayed that the petitioner be released on bail.
Learned counsel for the respondent on the other hand opposed the application.
Keeping in view the offer made by the petitioner and also the period of custody undergone by the petitioner Devendra, on depositing the cheque of Rs.50,000/- he deserves to be released on bail.
Consequently, it is directed that on depositing a sum of Rs.50,000/- before the trial Court and on furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 17.05.2019 and all other subsequent dates fixed by the registry in this regard, the petitioner shall be released on bail.
It is made clear that the amount, if any, already deposited by the petitioner before the court below shall be adjusted from the amount of Rs.50,000/-.
It is further directed that the respondent shall be free to withdraw the amount so deposited by the petitioner on furnishing adequate security to the satisfaction of the trial Court for complying with the directions, which may 2 CRR-2154-2018 ultimately be binding upon the respondent.
Let the matter be listed for final hearing in due course.
Certified copy as per rules.
(C V SIRPURKAR) JUDGE RC Digitally signed by RASHMI CHIKANE Date: 2018.12.01 12:10:41 +05'30'