Madhya Pradesh High Court
Anil Kumar Parwani vs Kartar Singh(Dead) Through Lrs Rahul ... on 27 September, 2024
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1 CRR-1961-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 1961 of 2024
(ANIL KUMAR PARWANI Vs KARTAR SINGH(DEAD) THROUGH LRS RAHUL SINGH AND OTHERS )
Dated : 27-09-2024
Shri Priyan Shrivastava - Advocate for the applicant.
Heard on admission.
Issue notice to the respondent by RAD mode on payment of process
fee within 7 working days. Notice be made returnable within 3 weeks.
Heard on I.A. No. 10059/2024 , which is first application filed on behalf of the applicant for suspension of sentence and grant of bail.
The applicant has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo S.I. for 1 year with compensation of Rs. 8,00,000/- under Section 357(3) of Cr.P.C.
The 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 submitted that the sentence awarded to the applicant is 1 year. The applicant has already deposited a sum 20% amount as against the total compensation at the time of filing of appeal and the applicant is willing to deposit further 30% of the total compensation. Therefore, the jail sentence of the applicant be suspended and he be released on bail.
Looking to the nature of offence and short term sentence awarded to the applicant, this Court deems it to be a fit case to suspend the jail sentence of the applicant and to release him on bail. Therefore, without commenting Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 9/28/2024 1:06:29 PM 2 CRR-1961-2024 on the merit of the case, this application is allowed.
It is directed that subject to depositing further 30% of the total compensation (in addition to the amount already deposited) within 15 days from today and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the jail sentence of applicant n a m e l y Anil Kumar Parwani shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 19.12.2024 and on such other dates as may be fixed in this regard by that Court during pendency of this case.
List after three weeks for admission.
(MANINDER S. BHATTI) JUDGE PB Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 9/28/2024 1:06:29 PM