Satish Kumar Mali S/O Punamchand ... vs State Of Rajasthan
2021 Latest Caselaw 7241 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 359/2021

                                       IN

          S.B. Criminal Revision Petition No. 1084/2021

Satish Kumar Mali S/o Punamchand Mali, Aged About 48 Years,
R/o House No. 372, Shanti Bhawan, Near Gujarati Bricks,
Topdara, Ajmer, Presently Clerk (Babu) Rajkiya Govind Singh
Gurjar Mahavidyalaya, Naserabad, Ajmer
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through PP
2.     Vijay Bahadur Singh S/o Sh. Bhanupratap Singh, Aged
       About 50 Years, R/o Govindgarh, PS Peesangan, Dist.
       Ajmer
                                                                ----Respondents

For Petitioner(s) : Mr. Kapil Prakash Mathur Mr. Anirudh Tyagi For Respondent(s) : Mr. Ganesh Saini,. PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

06/12/2021

1. Heard on application for suspension of sentence.

2. The petitioner has filed the revision petition along with

application for suspension of sentence.

3. The revision petition has been preferred against the

judgment dated 14.01.2020 passed by the court of Additional

Sessions Judge No. 5, Ajmer, Rajasthan(the Appellate Court) in

appeal No. 51/2018 (CIS No. 454/2018) affirming the order dated

09.10.2018 passed by the court of Additional Civil Judge and

(2 of 3) [SOSR-359/2021]

District Magistrate No. 1, Ajmer (the trial court) in Case No.

134/2017 (CIS No. 768/2017) by which the petitioner has been

convicted for offence/s under Section 138 NI Act and sentenced to

maximum term of one year imprisonment.

4. It has been submitted by learned counsel for the

petitioner that petitioner has surrendered before the concerned

court on 05.11.2021. He is behind bars since then. He has been

falsely implicated in the case. He has been sentenced to

maximum term of one year for offence under Section 138 of NI

Act. Hearing of the revision petition may take long time.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record and overall

facts and circumstances of the case but without commenting upon

merits of the case, this Court deems just and proper to allow the

application for suspension of sentence.

8. Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded to accused-

petitioner Satish Kumar Mali S/o Punamchand Mali shall remain

suspended till disposal of this revision petition, subject to the

condition that the petitioner deposits 50% of the cheque amount

in the concerned trial Court. Any amount previously deposited by

the petitioner in the trial court shall be adjusted against the 50%

of the cheque amount. The amount so deposited by the petitioner

(3 of 3) [SOSR-359/2021]

in the trial court shall be paid to the complainant on furnishing an

undertaking to the effect that in case the petitioner succeeds in

the petition, the complainant will return the amount so received

by him along with interest @ 6% per annum. On depositing the

amount as specified hereinabove, the petitioner be released on

bail provided the petitioner furnishes a personal bond of Rs.

50,000/- (Fifty Thousand) and two sureties of Rs.25,000/-

(Twenty Five Thousand) each to the satisfaction of the learned

trial Court for his appearance in this Court on 06.01.2022 and as

and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /24

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