Shailendra Garg Son Of Shri Kewal ... vs State Of Rajasthan
2021 Latest Caselaw 2575 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Misc. Suspension of Sentence Application
                               No.268/2020

                                       In

          S.B. Criminal Revision Petition No. 1306/2020

Shailendra Garg Son Of Shri Kewal Krishna Garg, Resident Of
House No. 78-79, Ansal Sushant City First Kalwar Road, Jaipur.
(At Present Central Jail Jaipur)
                                                                ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through P.p.
                                                                 Respondent

2. Yogesh Kasaniya Son Of Shri Ramprasad Kasaniya, Resident Of C-8, A.W.H.O. Sugan Vihar, Pocket-A, Sector- 2, Vidhyadhar Nagar, Jaipur.

                                              ----Complainant-Respondent


For Petitioner(s)        :     Mr. Sudhir Jain
For Respondent(s)        :     Mr. Pankaj Agarwal, PP
                               Mr. Aniket Sharma (through VC)



        HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

                         Judgment / Order

05/07/2021

This criminal misc suspension of sentence application

has been filed by the applicant along with the criminal revision.

Counsel for the applicant along with revision petition

has annexed certificate under Rule 311(3) Rajasthan High Court

Ordinance wherein it has been mentioned that the accused-

applicant was on bail during the course of trial and he never

misused the liberty of bail granted to him and at present he is

confined in Central Jail, Jaipur. Learned counsel further submits

(2 of 2) [CRLR-1306/2020]

that the applicant is ready to deposit 40% of the cheque amount,

which is in addition to the amount already deposited. Counsel

further submits that the hearing of the criminal revision may take

long time, hence, the sentence awarded to the applicant may be

suspended during the pendency of the criminal revision and he be

released on bail.

Learned Public Prosecutor assisted by learned counsel

for the complainant has opposed the application.

After taking into consideration the facts and

circumstances of the case as well as the conviction and sentence

awarded to the accused petitioner and the fact that he was on bail

during trial, I deem it just and proper to suspend the sentence

awarded to the petitioner, during the pendency of the revision

petition.

Accordingly, the application for suspension of sentence

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

petitioner Shailendra Garg son of Shri Kewal Krishna Garg

for the offences u/s 138 of N.I. Act shall remain suspended;

provided that he deposits 40 per cent of the cheque amount in

addition to the amount already deposited, and further provided

that if the petitioner furnishes a personal bond of Rs.50,000/-

together with two sureties of Rs.25,000/- each, to the satisfaction

of the learned trial court with the stipulation that he shall appear

before this Court on 5.8.2021 and thereafter as and when called

upon to do so.

(GOVERDHAN BARDHAR),J

Dheeraj /59

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