Madhya Pradesh High Court
Mohd. Saleem Khan vs Mohd. Saleem on 6 June, 2024
1 CRR-1101-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 1101 of 2024
(MOHD. SALEEM KHAN Vs MOHD. SALEEM)
Dated : 06-06-2024
Shri Sughosh Bhamore, learned counsel for the applicant.
Heard on I.A. No.13992/2024.
Learned counsel for the applicant submitted that he has also filed I.A. No.14086/2024 and by these applications, learned counsel for the applicant has submitted that by the appellate Court, the applicant has been convicted by the trial Court for the offences under Section 138 of the Neogiable Instruments Act and sentenced to undergo R.I. for six months with compensation amount of Rs.4,35,225. The previously filed I.A. No.5936/2024, this Court has suspended the sentence but has ambiguity in the order, the applicant has been arrested on 28/05/2024 and send to the judicial custody for serving the jail sentence. He has prayed that the time be extended to comply the order dated 10/05/2024 and if the fine amount is deposited, the applicant be released on bail by the trial Court.
I have gone through the record and the order of this Court dated 10/05/2024, by which this Court allowed the application i.e. I.A. No.5936/2024 and by that this Court has suspended the jail sentence on depositing the part of compensation amount of Rs.2,50,000/- and furnishing a personal bond and bail bond of Rs.50,000/- and by that the operation of the appellate Court was suspended.
Learned counsel for the applicant by filing I.A. No.13992/2024 and I.A. No.14086/2024 has submited to reconsider the order.
Looking to the facts and circumstances of the case, the I.A. No.13992/2024 is allowed. The applicant has been arrested, if the Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 07-06-2024 16:03:12 2 CRR-1101-2024 applicant/Mohd. Saleem Khan deposits Rs.2,50,000/- before the trial Court and furnishing a bail bond of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the applicant shall be released on bail and his jail sentence shall remain suspended.
(DEVNARAYAN MISHRA) V. JUDGE RS Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 07-06-2024 16:03:12