Sunil Kumar S/O Jagdish Prasad ... vs State Of Rajasthan
2021 Latest Caselaw 5845 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

        S.B. Criminal Misc. (SOS) Application No.210/2021

                                          In

            S.B. Criminal Revision Petition No. 844/2021

Sunil Kumar S/o Jagdish Prasad Sharma, R/o House No. 6K 152,
Shivajipark, Police Station Shivajipark, Alwar (Raj) (At Present
Confined In District Jail Alwar)
                                                                      ----Petitioner
                                      Versus
1.     State Of Rajasthan, Through P.P.

2.     Anita W/o Ashok Kumar Sharma, R/o House No. 5K 82,
       Shivajipark, Police Station Shivajipark, Alwar (Raj)
                                                                   ----Respondents

For Petitioner(s) : Mr. Raj Kumar Sharma For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

25/10/2021 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 26.07.2021 passed by the court of Sessions

Judge, Alwar (the Appellate Court) in Criminal Appeal No.14/2021,

affirming the order dated 04.02.2021 passed by learned Special

Judicial Magistrate (NI Act Cases) No.1, Alwar (the trial court) in

Criminal Case No.23/50/16 (CIS No.8773/2016), by which the

petitioner has been convicted for offence/s under Section 138 of

(2 of 2) [CRLR-844/2021]

NI Act and sentenced to maximum term of one year's simple

imprisonment.

It has been submitted by learned counsel for the petitioner

that the petitioner has been sentenced to maximum term of one

year for offence under Section 138 of Negotiable Instruments Act.

As per certificate under Rule 311(3) of the Rajasthan High Court

Rules, the petitioner was on bail during trial as well as during

pendency of appeal and now, he is in jail at District Jail, Alwar.

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 Sunil Kumar S/o Jagdish Prasad Sharma shall

remain suspended till disposal of this revision petition and he be

released on bail, provided the petitioner furnishes a personal bond

of Rs.50,000/- and two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Court for his appearance in this

Court on 25th November, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Sunita/48

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