HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.268/2020
In
S.B. Criminal Revision Petition No. 1306/2020
Shailendra Garg Son Of Shri Kewal Krishna Garg, Resident Of
House No. 78-79, Ansal Sushant City First Kalwar Road, Jaipur.
(At Present Central Jail Jaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
Respondent
2. Yogesh Kasaniya Son Of Shri Ramprasad Kasaniya, Resident Of C-8, A.W.H.O. Sugan Vihar, Pocket-A, Sector- 2, Vidhyadhar Nagar, Jaipur.
----Complainant-Respondent
For Petitioner(s) : Mr. Sudhir Jain
For Respondent(s) : Mr. Pankaj Agarwal, PP
Mr. Aniket Sharma (through VC)
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Judgment / Order
05/07/2021
This criminal misc suspension of sentence application has been filed by the applicant along with the criminal revision.
Counsel for the applicant along with revision petition has annexed certificate under Rule 311(3) Rajasthan High Court Ordinance wherein it has been mentioned that the accused- applicant was on bail during the course of trial and he never misused the liberty of bail granted to him and at present he is confined in Central Jail, Jaipur. Learned counsel further submits (Downloaded on 09/07/2021 at 09:35:58 PM) (2 of 2) [CRLR-1306/2020] that the applicant is ready to deposit 40% of the cheque amount, which is in addition to the amount already deposited. Counsel further submits that the hearing of the criminal revision may take long time, hence, the sentence awarded to the applicant may be suspended during the pendency of the criminal revision and he be released on bail.
Learned Public Prosecutor assisted by learned counsel for the complainant has opposed the application.
After taking into consideration the facts and circumstances of the case as well as the conviction and sentence awarded to the accused petitioner and the fact that he was on bail during trial, I deem it just and proper to suspend the sentence awarded to the petitioner, during the pendency of the revision petition.
Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused- petitioner Shailendra Garg son of Shri Kewal Krishna Garg for the offences u/s 138 of N.I. Act shall remain suspended; provided that he deposits 40 per cent of the cheque amount in addition to the amount already deposited, and further provided that if the petitioner furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial court with the stipulation that he shall appear before this Court on 5.8.2021 and thereafter as and when called upon to do so.
(GOVERDHAN BARDHAR),J Dheeraj /59 (Downloaded on 09/07/2021 at 09:35:58 PM) Powered by TCPDF (www.tcpdf.org)