Rajasthan High Court - Jodhpur
Ratan Gurjar vs State Of Rajasthan on 19 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1552/2022
Ratan Gurjar S/o Megha Gurjar, Aged About 53 Years, r/o
Samari, Post Shambhupura, Teh. And Dist. Chittorgarh.
(At Present Lodged In Dist. Jail, Chittorgarh).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Satyanarayan S/o Mohan Lal Mundada, Bassti, Teh. And
Dist. Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Harendra Choudhary
For Respondent(s) : Mr. Javed Gouri, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
19/12/2022
S.B. Criminal Revision Petition No. 1552/2022
The instant Criminal Revision Petition is barred by 198 days
and is supported by an application under Section 5 of the
Limitation Act.
Since, the petitioner was in custody and it is stated that no
one was there to take care of his matter and to pursue his cause,
it is deemed to allow the application.
For the reasons and grounds mentioned in the application
under Section 5 of the Limitation Act, the same allowed and delay
of 198 days in filing the Revision Petition is condoned.
The petition be treated in the limitation.
Issue notice, returnable within a period of four weeks.
Call for the record.
(2 of 3) [CRLR-1552/2022]
S.B. Criminal Misc. Suspension of Sentence Appl. No.
493/2022
In
S.B. Criminal Revision Petition No. 1552/2022
Heard learned counsel for the petitioner and the learned
public prosecutor on application seeking suspension of sentence
(S.B.Criminal SOS Application No.493/2022). Perused the
judgments impugned and the record.
Learned counsel for the accused-petitioners submits that the
petitioners have been convicted for the offence under Section 138
of NI Act and sentenced to undergo one year's simple
imprisonment with fine of Rs. 5000/- vide judgment dated
30.07.2018 passed by learned Special Additional Chief Judicial
Magistrate No. 1, in Criminal Regular Case No. 926/2016
Chittorgarh which has been affirmed vide Judgment dated
24.02.2022 passed by learned Additional Sessions Judge No.1,
Chittorgarh upon criminal appeal No. 138/2018 and presently
they are in custody.
Public Prosecutor vehemently opposed the prayer regarding
suspension of sentence.
Without commenting upon the merits of the case, having
considered the totality of facts and circumstances of the case,
looking to the short sentence, I deem it just and proper to
suspend the sentence awarded to the accused-petitioners.
Accordingly, the bail application for suspension of sentence is
allowed and it is ordered that the sentence passed by learned
Special Additional Chief Judicial Magistrate No.1 Chittorgarh vide
judgment dated 30.07.2018 in Regular Criminal Case
No.926/2016 and affirmed by the learned Additional Sessions
Judge No.1, Chittorgarh vide judgment dated 24.02.2022 passed
(3 of 3) [CRLR-1552/2022]
in Criminal Appeal No. 133/2018 against the accused-petitioner
Ratan Gurjar S/o Megha Gurjar shall remain suspended till final
disposal of present revision petition provided he deposits 50% of
the award amount I.e. 3,10,000/- before the learned trial court
and executes a personal bond in the sum of Rs.50,000/- along
with two sureties of Rs. 25,000/- each to the satisfaction of the
trial court for their appearance in this court on 06.01.2023 and as
and when called upon to do so.
(FARJAND ALI),J
128-payal/-
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