Gyarsi Devi Chouhan vs Rajendra Kumar Teted
2021 Latest Caselaw 16245 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 756/2021

Gyarsi Devi Chouhan W/o Shri Prem Chand Chouhan, Aged About 45 Years, R/o 481, Subhash Nagar - A, Near Over Bridge, Pali, Rajasthan.

----Petitioner Versus

1. Rajendra Kumar Teted S/o Shri Tej Raj Tated, Proprietor Subham Consumer Finance, R/o 348-B, Bapu Nagar Extension, Pali.

2. The State Of Rajasthan, Through Pp

----Respondents

For Petitioner(s) : Mr. Avinash Bhati. For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

26/10/2021

Learned counsel for the petitioner submits that the accused

petitioner has surrendered before the trial court on 25.10.2021. A

certified copy of the order dated 25.10.2021 passed by the trial

court has been passed over to this Court by counsel for the

petitioner and the same is taken on record. So the defects as

pointed out by the office is over-ruled.

Heard.

Admit.

Issue notice. Learned Public Prosecutor accepts notice on

behalf of respondent No.2- State.

Issue notice to respondent No.1, returnable within six weeks.

                                          (2 of 3)                     [CRLR-756/2021]



      Heard    on    application         for      suspension          of    sentence

No.219/2021.

Counsel further submits that the accused petitioner is a lady

and the hearing of the revision will take sufficient long time to be

concluded, therefore, the sentence of the petitioner may be

suspended and she may be released on bail.

Learned Public Prosecutor has vehemently opposed the

prayer for suspension of sentence made by learned counsel for the

petitioner.

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.

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, Pali, vide judgment

dated 12.02.2020 in Regular Criminal Case No.383/2018 and as

affirmed by the learned Sessions Judge, Pali in Criminal Appeal

No.30/2020 vide judgment dated 01.09.2021 against the accused-

petitioner Gyarsi Devi Chouhan W/o Shri Prem Chand Chouhan

shall remain suspended till the final disposal of aforesaid revision

subject to depositing 50% of the cheque amount and she shall be

released on bail provided she 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

her appearance before this court on 26.11.2021 and whenever

(3 of 3) [CRLR-756/2021]

ordered to do so till the disposal of the revision on the conditions

indicated below:-

1. That she 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, she 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.

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

70-prashant/-

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