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Madhya Pradesh High Court

Mohd. Saleem Khan vs Mohd. Saleem on 10 May, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1101 of 2024 (MOHD. SALEEM KHAN Vs MOHD. SALEEM) Dated : 10-05-2024 Shri Sughosh Bhamore - Advocate for the appellant.

Heard on the question of admission.

Admit.

Heard on I.A.No.5937/2024 which is an application seeking direction to exempt the applicant from surrendering before the trial Court.

I t is contended by the counsel that the applicant is willing to deposit Rs.2,50,000/- before the Trial Court. It is further contended by the counsel that in such an eventuality, the applicant be exempted from surrendering before the trial Court and his application for suspension of sentence and grant of bail be allowed.

Considering the aforesaid, I.A.No.5937/2024 is allowed and the applicant is exempted from surrendering before the trial Court.

Also heard on I.A. No.5936/2024, which is first application filed on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the trial Court under Section 138 of Negotiable Instruments Act and sentenced to undergo R.I. for six months with fine of Rs.4,35,225/- with default stipulation.

Learned counsel for the applicant submits that the Courts below have not properly appreciated the oral and documentary evidence available on record and committed error in convicting the applicant for aforesaid offences. It is contended by the counsel that the applicant is willing to deposit Rs.2,50,000/- of compensation amount before the trial Court within a period of 30 days from Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 5/10/2024 5:39:09 PM 2 today. The applicant is aged about 51 years and there is a bleak possibility of disposal of this revision in near future. Therefore, the jail sentence of the applicant be suspended and he be released on bail.

Heard the submission advanced on behalf of the applicant and perused the record.

Looking to the nature of offence and the fact that the cheque itself was of Rs.3,00,000/- and applicant is willing to deposit Rs.2,50,000/- before the trial Court within a period of 30 days from today, this Court deems it to be a fit case to suspend the jail sentence of the applicant and to release him on bail subject to depositing of Rs.2,50,000/- within a period of 30 days from today.

Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing of Rs.2,50,000/- out of the compensation amount before the trial Court within a period of 30 days from today and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the jail sentence of applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 29.07.2024 and on such other dates as may be fixed in this regard by that Court during pendency of this case.

I t is clarified that the applicant shall be released on bail only after depositing the amount of Rs.2,50,000/- in terms of this order.

I t is also made clear that the amount so deposited by the present applicant in terms of this order, shall not be disbursed to any of the parties without seeking leave of this Court.

List this case for final hearing in due course.

Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE VKT Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 5/10/2024 5:39:09 PM