HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Suspension of Sentence Application
No. 235/2022
In
S.B. Criminal Revision Petition No. 817/2022
Deepak Kumar Tailor Son Of Shri Maliram Tailor, Aged About 41
Years, Resident Of House No. 1-D-127, Lalita Colony, Shastri
Nagar, Jaipur Rajasthan (Accused Petitioner In Central Jail,
Jaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Brahmanand Sharma Son Of Shri Vishnu Prasad Sharma,
Aged About 39 Years, Resident Of 80/209, Pratap Nagar,
Sanganer, District Jaipur Rajasthan
----Respondents
For Petitioner(s) : Mr. Sandeep Sharma
For Respondent(s) : Mr. M.S. Saini, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/01/2023
Heard learned counsel for the accused petitioner and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 23.03.2022 passed by learned Additional Sessions Judge, Court No.10, Jaipur Metropolitan-Ist, Sanganer whereby the accused petitioner has been convicted for the offence punishable under sections 138 of Negotiable Instruments Act and has been sentenced to maximum one month simple imprisonment along with fine of Rs.5,00,000/- in default one year additional simple imprisonment. (Downloaded on 09/01/2023 at 11:37:55 PM)
(2 of 3) [SOSA-235/2022] Heard learned counsel for the petitioner, learned counsel for the State and gone through the judgment of conviction and order of sentence dated 21.01.2020 passed by learned Judicial Magistrate and judgment of appeal dated 22.03.2022, whereby the judgment of conviction has been affirmed.
Learned trial Court has convicted the accused petitioner and directed him to serve a sentence of one month simple imprisonment and an amount of Rs. 5,00,000/- has been directed to be paid as compensation with the stipulation that if the petitioner fails to deposit the compensation amount in lieu thereof he would have to suffer one year's further imprisonment and the said judgment has been affirmed in appeal.
The petitioner was on bail during trial as well as in appeal and presently accused petitioner is behind the bars in Central Jail, Jaipur and has never misused the liberty granted to him and the hearing of appeal is likely to take further more time, therefore, considering the overall submissions and looking to the totality of facts and circumstances of the case 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 appeal, 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 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge, Court No.10, Jaipur Metropolitan-Ist, Sanganer, vide judgment dated 22.03.2022 in Criminal Appeal No. 13/2020 against the petitioner- applicant Deepak Kumar Tailor Son Of Shri Maliram Tailor shall remain suspended till final disposal of the aforesaid appeal and he (Downloaded on 09/01/2023 at 11:37:55 PM) (3 of 3) [SOSA-235/2022] shall be released on bail 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 03.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their 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 PREETI VALECHA /17 (Downloaded on 09/01/2023 at 11:37:55 PM) Powered by TCPDF (www.tcpdf.org)