Shivpal Yadav Son Of Late Shri ... vs State Of Rajasthan
2021 Latest Caselaw 6581 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

         S.B. Criminal Miscellaneous (Petition) No. 6771/2021

Shivpal Yadav Son Of Late Shri Gulla Ram Yadav, Aged About 62
Years, Resident Of Village Post Pacheri Khurd, Tehsil Buhana,
District Jhunjhunu (Raj).
                                                                    ----Petitioner
                                      Versus
1.       State Of Rajasthan, Through P.p.
2.       Dayanand Yadav Son Of Shri Sriram Yadav, Resident Of
         Plot No. 120 Bhuvneshwari Vatika Vistar, Meenawala, Sirsi
         Road, Police Station Karni Vihar, Jaipur (Raj).
                                                                 ----Respondents

For Petitioner(s) : Mr. Chandra Mohan Sharma For Respondent(s) : Mr. F.R. Meena, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/11/2021

The instant criminal misc. petition has been submitted by the

petitioner-Dayanad averring therein that he has been convicted for

the accusation of offence under the penal provisions of N.I. Act by

the learned trial Court. He moved an application assailing the

judgment and order of conviction before the Additional Sessions

Judge. He contends that the application under Section 389 of

Cr.P.C. for Suspension of Sentence.

Learned counsel for the petitioner submits that vide order

dated 17.09.2021 the Appellate Court, learned Sessions Judge,

Jaipur Metropolitan-II has allowed the application and the

petitioner/appellant had been directed to deposit 20% of the

imposed penalty of Rs.10 lakhs within a period of 15 days

(2 of 2) [CRLMP-6771/2021]

alongwith the execution of bonds and surety to the satisfaction of

the Special Magistrate, N.I. Act Cases, Jaipur Metropolitan-II.

Learned counsel for the petitioner submits that due to

unavoidable circumstance, the petitioner failed to furnish the

requisite bail bonds as well the 20% amount of the fine in

accordance with the directions passed by the Appellate Court and

15 days has been expired. Therefore, he prays that further some

time may be extended for the purpose of depositing the amount

and furnishing the bail bond in pursuance of the directions of the

learned trial Court.

The prayer appears to be genuine.

In view of the peculiar facts and circumstances of the case, it

is directed that the order dated 17.09.2021 passed by learned

Appellate Court is modified to the extent that if the petitioner

deposits the amount as awarded by the learned Appellate Court

and furnishes the bail bonds in accordance with the order dated

17.09.2021 within 15 days from today, the sentence passed by

the learned trial Court shall remain suspended till disposal of the

appeal. Needless to say that if the amount is not deposited as

aforesaid, the order dated 17.09.2021 would be revived.

Accordingly, the criminal misc. petition is allowed.

( FARJAND ALI),J

TN/94

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