Rajasthan High Court - Jodhpur
Jetharam vs State on 15 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 230/2021
Jetharam S/o Tulsiram, Aged About 46 Years, R/o Village
Barsinghsar, Tehsil And District Bikaner, Rajasthan. (At Present
Lodged In Central Jail, Bikaner).
----Petitioner
Versus
1. State, Through Pp
2. Asharam Choudhary S/o Sh. Revant Ram Chaudhary, R/o
Near Chitra Ice Factory, Bhinasar Tehsil And Dist. Bikaner,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Shree Kant Verma.
For Respondent(s) : Mr. Sudhir Tak, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
15/03/2021
Heard.
Admit. Issue notice. Call for the record.
Learned Public Prosecutor accepts notice on behalf of
respondent No.1-State. Let notice be issued to respondent No.2
only, returnable within six weeks.
Heard learned counsel for the petitioner and learned Public
Prosecutor on Application for Suspension of Sentence No.80/2021.
Upon a consideration of the arguments advanced on behalf
of the petitioner and having regard to the facts and circumstances
of the case, this court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused-
petitioner subject to depositing the 50% of the cheque amount.
(2 of 3) [CRLR-230/2021]
Accordingly, the application under Section 397(1) read with
Section 401 Cr.P.C. for suspension of sentence is allowed and it is
ordered that the substantive sentence passed by the learned
Special Judicial Magistrate (N.I. Act Cases) No.02, Bikaner, vide
judgment dated 24.10.2019 in Criminal Original Case No.30/12
(CIS No.12553/2009) and as affirmed by the learned Additional
Sessions Judge No.03, Bikaner, vide judgment dated 26.02.2021
in Criminal Appeal No.103/2019 against the accused-petitioner
Jetharam S/o Tulsiram shall remain suspended till the final
disposal of aforesaid revision subject to depositing 50% of the
cheque amount and he shall be released on bail provided he
executes a personal bond in the sum of Rs.1,00,000/- along with
two sureties in the sum of Rs.50,000/- each to the satisfaction of
the learned trial Judge for his appearance before this court on
15.04.2021 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 petitioner 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.
4. Accused-Petitioner shall deposit 50% of the
cheque amount before the trial Court which
shall be disbursed to the respondent on a
proper application being filed. It is made
clear that the amount already deposited
by the petitioner shall be adjusted
towards the 50% of the cheque amount.
(3 of 3) [CRLR-230/2021]
The learned trial Court shall keep the record of attendance of
the accused-petitioner in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
petitioner 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 purpose relating to
pendency and disposal of cases in the trial court. In case the
accused-petitioner does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MANOJ KUMAR GARG),J
163-Prashant/NK
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