Arpit Maheswari Son Of Shri ... vs State Of Rajasthan
2021 Latest Caselaw 6110 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S. B. Criminal Misc. Suspension of Sentence App. No.294/2021

                                        IN

             S.B. Criminal Revision Petition No. 1104/2021

Arpit Maheswari Son Of Shri Manmohan Maheswari, Resident Of
G-2, Onex Residency 146-147, Vishveriya Nagar, Near D.c.
Hospital, Triveni Path, Gopalpura Baipass, Jaipur (Raj) (Petitioner
Is Confined In Centre Jail, Jaipur)
                                                                    ----Petitioner
                                    Versus
1.        State Of Rajasthan, Through Public Prosecutor
2.        Gaurav Sharma Son Of Shri Satish Kumar Sharma,
          Resident Of 120/145, Adarsh Path, Main Vijay Path, Near
          Thadi Market, Agarwal Farm, Mansarover, Jaipur
                                                                 ----Respondents

For Petitioner(s) : Mr. Pradeep Mathur, through VC Mr. Kailash Ahuja Mr. Vivek Goyal For Respondent(s) : Mr. Bhawani Shankar Sharma, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

28/10/2021

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 24.03.2021 passed by the court of Special Judge,

Jaipur Bomb Blast Cases, Jaipur (the Appellate Court) in criminal

appeal No. 26/2020 affirming the order dated 11.06.2018 passed

by the court of Special Metropolitan Magistrate (NI Act Cases)

(2 of 3) [SOSR-294/2021]

No. 10, Jaipur Metropolitan, Jaipur (the trial court) in case No.

475/2017 by which the petitioner has been convicted for offence/s

under Section 138 NI Act and sentenced to maximum term of six

months imprisonment.

4. It has been submitted by learned counsel for the

petitioner that petitioner has been sentenced to maximum six

months 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 pendency of appeal.

Now he is confined in Central Jail, Jaipur (Raj.). 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 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.

7. Accordingly, the application for suspension of sentence

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

petitioner Arpit Maheswari Son Of Shri Manmohan Maheswari 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

(3 of 3) [SOSR-294/2021]

annum from the date he received the amount. 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 29.11.2021 and as

and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja/43

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