Shrinarayan S/O Jagan Lal vs State Of Rajasthan
2021 Latest Caselaw 5963 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 127/2021

                                        IN

             S.B. Criminal Revision Petition No. 578/2021

Shrinarayan S/o Jagan Lal, Aged About 51 Years, Resident Of
Peeladadna, Police Station Khandar, District Sawaimadhopur
                                                                     ----Petitioner
                                    Versus
1.      State Of Rajasthan, Through P.P
2.      Kamini Devi Baraar W/o Bhagwatram, Resident Of Baler,
        Tehsil Khandar, District Sawaimadhopur
                                                                  ----Respondents

For Petitioner(s) : Mr. Madhu Sudan Sharma For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

26/10/2021

1. Heard on application for suspension of sentence.

2. The petitioner has filed the revision petition along with

application for suspension of sentence.

3. The revision petition has been preferred against the

judgment dated 01.04.2021 passed by the court of the Sessions

Judge, Sawaimadhopur (the Appellate Court) in criminal appeal

No. 29/2019 affirming the order dated 10.04.2019 passed by the

court of learned Judicial Magistrate, Khandar, District

Sawaimadhopur (the trial court) in regular criminal case No.

20/2017 (CIS No. 57/2017), by which the petitioner has been

convicted for offence/s under Section 138 NI Act and sentenced to

(2 of 3) [SOSR-127/2021]

maximum term of two years imprisonment.

4. It has been submitted by learned counsel for the

petitioner that judgments of learned trial court as well as

Appellate Court dated 10.04.2019 and 01.04.2021, suffers from

legal error. The complainant's evidence is insufficient to convict

the petitioner. As per certificate under Rule 311(3) of Rajasthan

High Court Rules, 1952, the petitioner was on bail during trial as

well as during pendency of the appeal. Now, he is in judicial

custody since 10.09.2021. Decision of revision petition may take

considerable time.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the parties and overall facts and circumstances of the

case but without commenting upon merits of the case, this Court

deems just and proper to allow the application for suspension of

sentence.

8. Accordingly, the application for suspension of sentence

is allowed and it is ordered that the sentence awarded to accused-

petitioner Shrinarayan S/o Jagan Lal 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 petition, the complainant will return the amount so received

(3 of 3) [SOSR-127/2021]

by him along with interest @ 6% per annum. On depositing the

amount as specified hereinabove, the petitioner be released on

bail provided the petitioner furnishes a personal bond of Rs.

50,000/- (Fifty Thousand) and two sureties of Rs.25,000/-

(Twenty Five Thousand) each to the satisfaction of the learned

trial Court for his appearance in this Court on 26.11.2021 and as

and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja/44

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