Rajasthan High Court
Kedar Sharma S/O Radhakrashan ... vs Bhagwan Singh S/O Khoobi Singh Jat on 27 October, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Misc. Suspension of Sentence App. No. 194/2021
IN
S.B. Criminal Revision Petition No. 799/2021
Kedar Sharma S/o Radhakrashan, Resident Of Village Nahrauli,
Tehsil Deeg, Distt. Bharatpur, Hall R/o Stadium Nagar, Near Of
Devi Temple, Bharatpur (Raj.) (Presently Confined In Central
Jail, Sevar, Bharatpur)
----Petitioner
Versus
Bhagwan Singh S/o Khoobi Singh, R/o Village & Post Halena,
Tehsil Weir, Hall Resident C/o Hari Singh Fauji, Sikrora Wale,
Near Of Agrasen School, Radhanagar, Bharatpur, District
Bharatpur.
----Respondent
For Petitioner(s) : Mr. Anupam Sharma
:
For Respondent(s) None
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
27/10/2021
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 04.10.2017 passed by the court of the Special
Judge, Dacoity Affected Area, Bharatpur (the Appellate Court) in
criminal appeal No. 05/2013 affirming the order dated 18.12.2012
passed by the court of the Judicial Magistrate No. 2, Bharatpur
(the trial court) in regular criminal case No. 136/2010, by which
(2 of 3) [SOSR-194/2021]
the petitioner has been convicted for offence/s under Section 138
NI Act and sentenced to maximum term of one year
imprisonment.
4. It has been submitted by learned counsel for the
petitioner that petitioner has been sentenced to maximum one
year imprisonment for offence under Section 138 NI Act. As per
certificate under Rule 311(3) of Rajasthan High Court Rules, 1952,
the petitioner was on bail during trial and after the date of
judgment of Appellate Court, he confined in jail since 21.07.2021.
Decision of revision petition may take considerable time.
5. Heard learned counsel for the petitioner and scanned
the evidence available on record.
6. Taking into consideration the submissions of learned
counsel for the petitioner 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.
7. Accordingly, the application for suspension of sentence
is allowed and it is ordered that the sentence awarded to accused-
petitioner Kedar Sharma S/o Radhakrashan 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 by him along with interest @ 6% per annum
from the date he received the amount. On depositing the amount
(3 of 3) [SOSR-194/2021]
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 29.11.2021 and as and when called
upon to do so.
(MANOJ KUMAR VYAS),J
Pooja /42
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