Narsingh Ram vs Guman Singh Solanki
2022 Latest Caselaw 14220 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Bail (Suspension of Sentence) Application

No.477/2022

In

S.B. Criminal Revision Petition No. 1487/2022

Narsingh Ram S/o Sh. Naina Ram Ji, Aged About 57 Years, R/o

C/o Baby Kirana Store Katan Road Bhomiya Ji Ke Than Ke Pass

Nandari Via Saran Nagar Jodhpur (J.c. Lodged In Central Jail

Jodhpur)

----Petitioner Versus

1. Guman Singh Solanki S/o Sh. Pratap Singh, R/o P.no. 31

Khasra No. 28 Defense Colony Nandari Via Saran Nagar

Jodhpur

2. State Of Rajasthan, Through Pp

----Respondents

For Petitioner(s) : Mr. Dhramendra Singh Gaur For Respondent(s) : Mr. Sumer Singh, PP

JUSTICE DINESH MEHTA Order 02/12/2022

1. Call for the record.

2. Heard learned counsel for the accused-petitioner as well as

learned Public Prosecutor on the application for suspension of

sentence.

3. Learned counsel for the accused-petitioner submits that the

petitioner is in custody and he was on bail during trial and

pendency of appeal and never misused the liberty granted to him.

4. In the case under consideration, the petitioner has been

convicted for the offence under Sec.138 of Negotiable Instrument

(2 of 3) [CRLSOSR-477/2022]

Act and sentenced to 1 year simple imprisonment along with fine

as per judgment and order dated 28.11.2018, passed by learned

Special Judge (NI Act Cases) No.2, Jodhpur, Metropolitan which

has been affirmed by the learned Additional Sessions Judge No.2,

Jodhpur Metropolitan vide judgment dated 14.11.2022.

5. Learned Public Prosecutor has vehemently opposed the

prayer regarding suspension of sentence.

6. Having regard to the totality of facts and circumstances of

the case and considering the submissions advanced by the counsel

for the parties, without commenting upon the merits of the case, I

deem it just and proper to suspend the sentence awarded to the

accused-petitioner.

7. Accordingly, the bail application for suspension of sentence is

allowed and it is ordered that the sentence passed by learned trial

court and affirmed by the learned Additional Sessions Judge No.2,

Jodhpur Metropolitan vide judgment dated 14.11.22 passed in

Criminal Appeal no. 35/18 (NCV No.551/2018) the accused-

petitioner Narsingh Ram S/o Sh. Naina Ram Ji, shall remain

suspended till final disposal of present petition provided he

furnishes an undertaking before the trial court to the effect that he

will deposit 20% of the cheque amount within a period of ten days

of his release on bail. The petitioner shall also execute a personal

bond in the sum of Rs.1.0 lac along with two sureties of

Rs.50,000/- each to the satisfaction of the trial court for his

appearance in this Court on 3.1.2023 and as and when called

upon to do so.

(3 of 3) [CRLSOSR-477/2022]

8. The aforesaid undertaking shall be filed along with the bail

bonds. And on failure to deposit 20% of the cheque amount,

instant order will come to an end automatically.

(DINESH MEHTA),J 190-pooja/-

Powered by TCPDF (www.tcpdf.org)