SHABANA Vs. FARIDA

JUDGEMENT

(1.) Also heard on I.A. No.14652/2023, which is an application filed under Sec. 397 of Cr.P.C. for suspension of jail sentence filed on behalf of the applicant - Smt. Shabana. Applicant has been convicted under Sec. 138 of the Negotiable Instruments Act and sentenced him to undergo SI for 03 months with compensation of Rs.1,09,830.00 with default stipulation vide judgement dtd. 14/9/2023 passed by the 9th Additional Sessions Judge, Indore in Criminal Appeal No.110/2022 affirming the judgement dtd. 7/3/2022 passed by the Judicial Magistrate First Class, Indore in Criminal Case No.4438/2017.

(2.) Learned counsel for the applicant submits that applicant is in custody and he is ready to deposit 50% of the compensation amount before the concerned trial Court against the fine amount/compensation amount of Rs.1,09,830.00. There is n o likelihood of hearing of revision in near future hence, prays that application for suspension of jail sentence be allowed. Looking to the short term of sentence and considering other facts and circumstances of the case, so also the fact that petitioner is willing to deposit 50% of the compensation amount before the concerned trial Court, this Court is of the considered view that it is a fit case for suspension of jail sentence and grant of bail to the petitioner. Hence, without expressing any opinion on merits of the matter I.A. No.14652/2023 is allowed and jail sentence of the petitioner shall remain suspended.

(3.) I t is directed that subject to depositing 50% of the compensation amount before the concerned Trial Court, after adjusting the amount if already deposited earlier, he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000.00 (Rupees Fifty thousand only) alongwith a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 26/10/2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this revision. It is further directed that after deposition of the compensation amount before the concerned trial Court, the same shall be disbursed to the complainant. List for final hearing in due course. Certified copy, as per Rules.