Bajrang Lal Agrawal S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 6172 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 161/2020

                                       IN

           S.B. Criminal Revision Petition No. 559/2020

Bajrang Lal Agrawal S/o Shri Ramswaroop, Aged About 53 Years,
R/o Shop No. 36, Shriram Bartan Bhandar, Brahmpuri Khurra,
Jaipur Raj.
                                                                    ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through P.P.
2.      Manoj Gurjar S/o Shri Tejkaran Gurjar, R/o House No. 8,
        Indrapuri Colony, Purani Basti Jaipur Raj.
                                                                 ----Respondents

For Petitioner(s) : Mr. Keshav Kumar Agarwal For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

29/10/2021

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 13.12.2021 passed by the court of Additional

District and Session Judge No. 7, Jaipur Metropolitan, Jaipur (the

Appellate Court) in criminal appeal No. 25/2019 affirming the

order dated 04.05.2019 passed by the court of Special

Metropolitan Magistrate (NI Act Cases) No. 3, Jaipur Metropolitan,

Jaipur (the trial court) in case No. 81/2016 by which the petitioner

(2 of 3) [SOSR-161/2020]

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, the petitioner has been arrested on 13.09.2021 and he is in

judicial custody at Central Jail, Jaipur since 13.09.2021.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the petitioner 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 Bajrang Lal Agrawal S/o Shri Ramswaroop 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

(3 of 3) [SOSR-161/2020]

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 /21

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