Madhya Pradesh High Court
Gulab Singh vs Mahindra And Mahindra Financial ... on 7 November, 2016
CRR-2535-2016
(GULAB SINGH Vs MAHINDRA AND MAHINDRA FINANCIAL SERVICE LTD.)
07-11-2016
Shri Manish Mishra, Advocate for the applicant.
Shri Akhilesh Singh, Panel Lawyer for the respondent-State.
Additional documents submitted by the applicant before the Registry is taken on record.
Heard on I.A.No19748/16 an application for exemption from surrendering the applicant before the learned Trial Court. This revision is filed under Section 397/401 of the Cr.P.C. against the th impugned order passed by 6 Additional Sessions Judge, Bhopal affirming the conviction and sentence under Section 138 of the Negotiable Instruments Act but the applicant has not surrendered himself before the trial Court or the Revisional Court and filed this revision.
Office has taken note of this fact and raised question of maintainability. To meet the aforesaid objection, the applicant has filed the aforesaid application along with medical certificate stating that the applicant is ill and aged person and is not in a position to surrender before the learned Lower Court. He has filed copy of judgment passed by Apex Court in W.P.No 61 of 2012 (Vivek Rai & Another vs. High Court of Jharkhand) dated 4.2.2015 and the order dated 1.7.2015 passed by this Court in Cr.R.No.757/15 (M/s Ganesh Trading Company vs. Union of India) , in which it is laid down that in the aforesaid circumstances, exemption from surrender of the convicted and sentenced accused be given and the application for further suspension of sentence be considered. In view of the aforesaid judgments, the application is allowed. The applicant is exempted from surrendering before the lower Courts. Heard on the question of admission.
Admit.
Record of the court below be called for.
Also heard on I.A.No.19747/2016 which is an application filed under section 397(1) of Cr.P.C. for suspension of his jail sentence. Looking to the facts and circumstances of the case, I.A.No.19747/2016 is allowed. It is directed that on depositing 50% of the compensation amount, if not already deposited, the execution of jail sentence of applicant Gulab Singh shall remain suspended and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Court of C.J.M., Satna on 20.1.2017 and thereafter on all other such subsequent dates as may be fixed by the Court in this regard during the pendency of the revision.
In case, the applicant is found absent on any date fixed by the CJM, then the said CJM shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.
List for final hearing in due course as per the listing policy.
(J. P. GUPTA) JUDGE vj