MANOHAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No. 10221/2024, which is first application filed on behalf of the applicant for suspension of sentence and grant of bail. The applicant has been convicted under Sec. 138 of the Negotiable Instruments Act and sentenced to undergo R.I. for 6 months with compensation of Rs.8,16,000.00, with default stipulation.

(2.) 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. In terms of the order passed by the trial Court the applicant is required to pay a sum of Rs.8,16,000.00 towards compensation to the complainant. At the stage of appeal, the applicant has deposited an amount of Rs.1,63,000.00 as against the compensation amount. The applicant is in custody and there is a bleak possibility of disposal of this revision in near future, therefore, the sentence of the applicant be suspended and he be released on bail. Having considered the submissions advanced on behalf of the counsel for the applicant and on perusal of record, it reflects that as against the cheque of Rs.6.00 Lakh, the trial Court has directed the applicant to pay compensation of Rs.8,16,000.00. Considering the aforesaid and the amount which has already been deposited by the applicant at the appellate stage, 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 on the merit of the case, this application is allowed subject to following conditions:-

(3.) It is directed that subject to depositing a sum of Rs.3,00,000.00 (Rupees Three Lakh) in addition to the amount already deposited by the applicant as against the amount of compensation of Rs.8,16,000.00 and on furnishing a personal bond in a sum of Rs.50,000.00 (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the jail sentence of applicant Manohar Singh shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned o n 29/8/2024 and on such other dates as may be fixed by that Court in this regard during pendency of this case.