Rajasthan High Court - Jodhpur
Manglaram vs State Of Rajasthan on 17 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
...
S.B. Criminal Revision Petition No. 1042/2021
Manglaram S/o Virma Ram, Aged about 38 years, Resident of
57, Ram Raheem Colony, Punayat Road, Pali, Teh. & District Pali.
(At Present Lodged At Dist. Jail, Pali).
----Petitioner
Versus
1. State Of Rajasthan through PP
2. Urban India Credit Cooperative Society Ltd., Branch Pali
through Business Partner Franchisee Prem Singh Sishodia
S/o Badri Singh Shishodia, By Caste Ravna Rajput,
Resident of Gandhi Murti Pali, Teh. & District Pali,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Sukhdev Patel on behalf of
Mr. Moti Singh.
For Respondent(s) : Mr. Gaurav Singh, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
17/12/2021
Heard learned counsel for the petitioner as well as learned
Public Prosecutor.
Admit. Issue notice. Send for the record.
Learned Public Prosecutor accepts notices on behalf of the
respondent No.1 - State of Rajasthan. Hence, notices be issued
(2 of 4) [CRLR-1042/2021]
to the respondent No.2 only. Rule is made returnable within a
period of four weeks.
Heard learned counsel for the parties on the application
seeking suspension of sentences (SoS No. 316/2021).
By the instant application for suspension of sentence,
accused-petitioner has craved for suspending sentence of one
year's simple imprisonment along with compensation to be paid to
the complainant amounting to Rs. 72,000/-, in default of payment
of fine to undergo one month's simple imprisonment, handed
down by Special Judicial Magistrate N.I. Act Cases), Pali (for short,
'learned trial Court') and affirmed by Sessions Judge, Pali (for
short, 'learned appellate Court').
It is submitted by learned counsel for the petitioner that
looking to short sentence awarded by trial Court and affirmed by
appellate Court, same may be suspended.
Per contra, learned Public Prosecutor has opposed the
application seeking suspension of sentences. However, he does
not wish to file reply to the application.
Having regard to the facts and circumstances of the case, I
feel persuaded to accept this application for suspension of
sentence.
(3 of 4) [CRLR-1042/2021]
Accordingly, the application for suspension of sentence
(No. 316/2021) filed under Section 397(1) Cr.P.C. is allowed and it
is ordered that the sentence passed by learned Special Judicial
Magistrate (NI Act Cases), Pali in Regular Criminal Case No.
446/2016 (CIS No. 1151/2016), vide judgment and order dated
19.02.2020, as affirmed by the learned Sessions Judge, Pali vide
judgment dated 21.10.2021 in Crriminal Appeal No. 38/2020
against applicant-petitioner, Manglaram S/o Virmaram, shall
remain suspended till final disposal of the aforesaid revision and
he shall be released on bail subject to the condition that he shall
deposit 50% of the cheque amount within a period of four weeks;
failing which, this order shall stand automatically vacated without
further reference to the Court and upon his furnishing 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 17.01.2022 and whenever ordered to
do so, till disposal of the revision on the conditions indicated
below:-
1. That he will appear before the trial Court in the
month of January every year till the revision 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.
(4 of 4) [CRLR-1042/2021]
The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purposes relating to
pendency and disposal of cases in the trial Court. In case the
accused applicant fail appear before the trial Court, the learned
trial Judge shall report the matter to the High Court for
cancellation of bail.
(DEVENDRA KACHHAWAHA),J
31-Mohan/-
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