Rajasthan High Court - Jodhpur
Pusa Ram vs State Of Rajasthan on 1 December, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal. Misc. Suspension of Sentence Application No.
290/2021
IN
S.B. Criminal Revision Petition No. 964/2021
Pusa Ram S/o Shri Ghasi Ram, Aged About 50 Years, R/o Village
Badabar, Tehsil Sujangarh, District Churu.
(At Present Lodged In Sub Jail, Ratangarh)
----Petitioner
Versus
1. State of Rajasthan, Through PP
2. Jagdish Prashad S/o Shri Dharm Chand, R/o Ward No. 05,
Ghintaliya Bass, Bidasar, District Churu.
----Respondents
For Petitioner(s) : Mr. Vipin Makkad
For Respondent(s) : Mr. Gaurav Singh, P.P
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
01/12/2021
The applicant herein preferred the suspension of sentence
application under Section 397 Cr.P.C against order dated
30.09.2021 passed by learned Additional Sesions Judge,
Sujangarh, District Churu in Criminal Appeal No. 04/2020
whereby the learned Judge has dimissed the appeal filed by the
applicant and upheld the order dated 07.09.2020 passed by
learned Judicial Magistrate, Sujangarh, District Churu wherein the
applicant stands convicted and sentenced as under:-
Offence Sentence Fine Fine Default
sentences
Section 138 N.I. Act 2 Years' S.I. Rs.2,00,000/- 15 days S.I.
(2 of 3) [CRLR-964/2021]
Learned counsel for the applicant submits that applicant has
already deposited 20% of the cheque amount i.e. Rs. 27,000/- in
compliance of the order of learned appellate court. Now, he is
ready to deposit 30% of the cheque amount. Applicant has been
convicted under Section 138 N.I. Act for which he was punished
for two years imprisonment and to pay a compensation of
Rs.2,00,000/-. In the above circumstances, learned counsel for
the applicant prays to allow this application seeking suspension of
sentence passed by the learned trial Court.
Learned Public Prosecutor opposes the application seeking
suspension of sentence.
Heard learned counsel for the applicant as well as learned
Public Prosecutor.
Having regard to the facts and circumstances of the case the
sentence awarded to the applicant may be suspended if applicant
deposits Rs. 75000/- of the outstanding compensation money
awarded to him within a period of one month.
In this view of the matter, this Court deems it just and
proper to suspend the sentences awarded to the appellant, during
pendency of the appeal.
Accordingly, the instant application for suspension of
sentence filed under Section 397 Cr.P.C. is allowed and it is
ordered that the sentences passed by the learned Judicial
Magistrate, Sujangarh, District Churu vide judgment dated
07.09.2020 in Criminal Compliant Case No.196/2015 against
applicant Pusa Ram S/o Shri Ghasi Ram shall remain
suspended till final disposal of the aforesaid appeal and he shall be
released on bail subject to the condition that applicant deposits
(3 of 3) [CRLR-964/2021]
Rs. 75000/- of the outstanding compensation money awarded to
him within a period of one month. The applicant shall execute a
personal bond in the sum of Rs.25,000/- with one surety of
Rs.25,000/- in the like amount to the satisfaction of the learned
trial Judge for his appearance in this Court on 27.01.2022 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That applicant will appear before the High Court on
27.01.2022 .
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 surety change his address(s),he will
give in writing his changed address to the trial Court.
(RAMESHWAR VYAS),J
31-rahul arya/-
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