HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.352/2023 In S.B. Criminal Revision Petition No. 1261/2023 Narpat Singh S/o Chothu Singh, Aged About 51 Years, R/o Ward No 12, Badi Khatu, Tehsil Jayal, Dist. Nagore (At Present Lodged In Dist. Jail, Nagore)
----Petitioner Versus
1. State Of Rajasthan, Through PP
2. Prakash Chandra S/o Girdhari Lal, R/o Village Kishanpura, Tehsil Didwana, Nagore, Rajasthan
----Respondents For Petitioner(s) : Mr. Moti Singh For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE FARJAND ALI Order 03/10/2023
1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 27.08.2019 passed by the learned Judicial Magistrate, Deedwana in Criminal Regular Case No.9/2016, whereby he was convicted and sentenced to suffer simple imprisonment of one year under Section 138 of the N.I. Act alongwith a fine of Rs.5,00,000/-.
2. 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 record, therefore, the material would be required to be appreciated again. (Downloaded on 12/11/2023 at 06:49:25 AM)
(2 of 3) The petitioner was on bail during trial. Hearing of the revision petition would likely take long time. He further submits that the petitioner has deposited Rs.1,00,000/- under the order under Section 389 (3) of Cr.P.C. and now he is ready and willing to deposit a sum of 75,000/- out of the fine amount with the trial court and as such the sum of Rs.1,75,000/- would be half of the total cheque amount.
3. Learned Public Prosecutor and learned counsel for the complainant opposed the application for suspension of sentence.
4. 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.3,50,000/- and the petitioner is willing to deposit a sum of Rs.75,000/- out of 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.
5. 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 Judicial Magistrate, Deedwana in Criminal Regular Case No.9/2016 against the petitioner-applicant Narpat Singh S/o Chothu Singh shall remain suspended till final disposal of the aforesaid revision and he shall be released on (Downloaded on 12/11/2023 at 06:49:25 AM) (3 of 3) bail subject to the condition that he shall deposit a sum of Rs.75,000/- out of the total fine amount of Rs.5,00,000/- with the 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 03.11.2023 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 37-divya/-
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