HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.224/2023 In S.B. Criminal Revision Petition No. 823/2023 Shobha Devi W/o Jagdish C/o Bhanwar Lalji Vishwakarma, Aged About 42 Years, R/o 2-A Kalaji Goraji Gulabbagh Road Udaipur Raj. (Lodged In At Present Jail Udaipur).
----Petitioner Versus
1. State Of Rajasthan, Through PP
2. Saurabh S/o Kishore Kumar Vashishth, R/o 4/2 Govt.
Awas Rahni Road Neemach Mata Devali Udaipur Raj.
----Respondents For Petitioner(s) : Mr. Shrawan Kumar Ojha For Respondent(s) : Mr. Gaurav Singh, 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 30.01.2020 passed by the learned Special Judicial Magistrate, NI Act No.5, Udaipur in Criminal Regular Case No.284/2015 whereby she was convicted and sentenced to suffer maximum imprisonment of one year's simple imprisonment under Section 138 of NI Act and compensation to the tune of Rs.1,60,000/- under Section 357 (3) of Cr.P.C.
2. It is contended on behalf of the applicant that the learned trial Judge has not appreciated the correct, legal and factual (Downloaded on 12/11/2023 at 06:49:20 AM) (2 of 3) aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court. He was on bail during trial and did not misuse the liberty so granted to him; hearing of the revision is likely to take long time, therefore, the application for suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the petitioner on application for suspension of sentence.
4. Heard and perused the material available on record.
5. Considering the submission made by learned counsel for the petitioner that the petitioner is a household lady and the fact that no cogent, reliable and unimpeachable evidence has been produced to establish the fact that the money was lent out to the petitioner and in lieu thereof, the cheque was given and as such, there was neither a legal debt nor any liability upon her.
6. Considering the submissions of learned counsel for the parties and looking to the totality of facts and circumstances of the case, more particularly the fact that the accused-petitioner 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. (Downloaded on 12/11/2023 at 06:49:20 AM)
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7. 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 Special Judicial Magistrate, NI Act No.5, Udaipur who passed the impugned order dated 30.01.2020 in Criminal Regular Case No.284/2015 against the petitioner- applicant- Shobha Devi W/o Jagdish C/o Bhanwar Lalji Vishwakarma shall remain suspended till final disposal of the aforesaid revision and she shall be released on bail provided she 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 her 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 she 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, she will give in writing her changed address to the trial Court as well as to the counsel in the High Court.
(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.
(FARJAND ALI),J 396-divya/-
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