HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.6618/2023 In S.B. Criminal Revision Petition No. 1245/2023 Ganpatlal Salecha S/o Shri Mohanlal, Aged About 78 Years, R/o A-190 Saraswati Nagar Jodhpur
----Petitioner Versus
1. State Of Rajasthan, Through Pp Rajasthan High Court Jodhpur
2. Indian Overseez Bank, Central Office 762 Anna Silai Chennai -2 Branch Office Sojati Gate Jodhpur Raj.
----Respondents
For Petitioner(s) : Mr. Javed Hussain
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/10/2023
1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 22.12.2016 passed by the learned Special Metropolitan Magistrate (NI Act Cases) No.01, Jodhpur Metropolitan, Jodhpur in Criminal Regular Case No.2508/2014 whereby he was convicted and sentenced to suffer imprisonment of one year's simple imprisonment along with compensation of Rs.21,75,000/- under Section 138 of NI Act.
2. It is contended on behalf of the applicant that the learned trial Court as well as appellate Court have not appreciated the (Downloaded on 12/11/2023 at 06:55:33 AM) (2 of 3) correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt. 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 learned counsel for the parties and perused the material available on record.
5. Considering the submissions of learned counsel for the parties and looking to the totality of facts and circumstances of the case, more particularly, the submission of Branch Manager- Prakash Narayan Meena (P.W.-1), where from it is revealing that the loan was sanctioned in the name of M/s. Anokhi Choice and the proprietor of the firm was Smt. Kiran and the loan also was taken by her and the petitioner was only a guarantor as well as 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.
6. 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 Metropolitan Magistrate (NI Act Cases) No.01, Jodhpur Metropolitan, Jodhpur who passed the (Downloaded on 12/11/2023 at 06:55:33 AM) (3 of 3) impugned order dated 22.12.2016 in Criminal Regular Case No.2508/2014 against the petitioner-applicant- Ganpatlal Salecha S/o Shri Mohanlal shall remain suspended till final disposal of the aforesaid revision and he 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 03.11.2023 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 addresses, they will give in writing their changed address to the trial Court.
(FARJAND ALI),J 111-divya/-
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