Khalsa Cycle Service vs State Of Rajasthan
2021 Latest Caselaw 6476 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Misc. (SOS) Application No.315/2021

                                         In

           S.B. Criminal Revision Petition No. 1183/2021

Khalsa Cycle Service, Kota Road, Bundi Through Proprietor
Gurubhej Singh S/o Shri Baldev Singh R/o Kota Road, Khalsa
Cycle Service District Bundi (At Present Confined Central Jail,
Bundi )
                                                                       ----Petitioner
                                     Versus
1.      State Of Rajasthan, Through Public Prosecutor
2.      Bhagwan Das S/o Bajarang Lal, R/o Amarkatla Bundi
        District Bundi
                                                                    ----Respondents

For Petitioner(s) : Mr. Sumit Khandelwal For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

15/11/2021 Heard on application for suspension of sentence.

The petitioner has filed the revision petition along with

application for suspension of sentence.

This revision petition has been preferred against the

judgment dated 27.10.2021 passed by the court of Additional

Session Judge No.1, Bundi (Rajasthan) (the appellate court) in

Criminal Appeal No.10/2015(CIS No.29/15), affirming the order

dated 29.11.2014 passed by Judicial Magistrate, Bundi

(Rajasthan) (the trial court) in Regular Criminal Case

No.267/2013, by which the petitioner has been convicted for

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offence/s under Section 138 of Negotiable Instruments Act and

sentenced to maximum term of six months imprisonment.

It has been submitted by learned counsel for the

petitioner that the petitioner has been sentenced to maximum

term of six months imprisonment. It has further submitted that

the petitioner was on bail during trial as well as during pendency

of the appeal. Now, he is in judicial custody since 25.10.2021.

Learned Public Prosecutor has opposed the application

for suspension of sentence.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Taking into consideration the submissions of learned

counsel for the petitioner, overall facts and circumstances of the

case but without commenting upon detailed merits of the case,

this Court deems it just and proper to allow the application for

suspension of sentence.

Accordingly, the application for suspension of sentence

is allowed and it is ordered that the sentence awarded to

accused/petitioner Khalsa Cycle Service, Kota Road, Bundi

Through Proprietor Gurubhej Singh S/o Shri Baldev Singh 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 which shall be paid to the

complainant on furnishing an undertaking to the effect that in case

the petitioner succeeds in the revision 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 he

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furnishes a personal bond of Rs.1,00,000/- and two sureties of

Rs.50,000/- each to the satisfaction of the learned trial Court for

his appearance in this Court on 15th December, 2021 and as and

when called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/52

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