[2023/RJJD/008893] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.78/2023 in S.B. Criminal Revision Petition No. 357/2023 Nandu Singh S/o Sadul Singh, Aged About 55 Years, R/o Plot No. 46 Pancham Vihar Khasra No. 9/5 Shriyade Nagar Near Vinayak Vihar Nandra Kalla Jodhpur (Presently Lodged At Central Jail Jodhpur)
----Petitioner Versus
1. Kamladevi W/o Surjaram, R/o 352-C Poata B Road Jodhpur
2. State Of Raj., Through Pp
----Respondents For Petitioner(s) : Mr. Trilok Singh For Respondent(s) : Mr. Gaurav Singh, P.P.
Mr. I.R. Choudhary HON'BLE MR. JUSTICE FARJAND ALI Order 05/04/2023 The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 15.03.2016 passed by the learned Metro Magistrate No.3, Jodhpur in Criminal Case No.451/2015, whereby he was convicted and sentenced to suffer imprisonment of 6 months under Section 138 of the N.I. Act alongwith a fine of Rs.1,00,000/-.
Learned counsel for the petitioner submits that the learned trial court as well as the learned appellate court has committed an error of law in appreciating the evidence brought on (Downloaded on 05/04/2023 at 09:42:03 PM) [2023/RJJD/008893] (2 of 3) [SOSR-78/2023] record, therefore, the material would be required to be appreciated again. The petitioner was on bail during trial and during the course of appeal. Hearing of the revision petition would likely take long time. He further submits that the petitioner is ready and willing to deposit a sum of 20,000/- out of the fine amount with the trial court.
Learned Public Prosecutor and learned counsel for the complainant opposed the application for suspension of sentence.
Upon consideration of the grounds raised in the memo of the revision, looking to the totality of facts and circumstances of the case, more particularly the facts that the total cheque amount was Rs.1,00,000/- and the petitioner is willing to deposit a sum of Rs.20,000/- from the fine amount with the trial court; he was on bail during the course of trial and the hearing of revision is likely to take further more time and considering the overall submissions while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the revision, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-petitioner.
Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Metro Magistrate No.3, Jodhpur in Criminal Case No.451/2015 against the petitioner- applicant Nandu Singh S/o Sadul Singh shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail subject to the condition that he shall deposit a sum of Rs.20,000/- out of the total fine amount of Rs.1,00,000/- with the (Downloaded on 05/04/2023 at 09:42:03 PM) [2023/RJJD/008893] (3 of 3) [SOSR-78/2023] trial court and provided he executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 08.05.2023 and whenever ordered to do so till the disposal of the revision on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
(FARJAND ALI),J 152-Pramod/-
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