Kantilal Jain vs State Of Rajasthan
2022 Latest Caselaw 14947 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Criminal Suspension of Sentence Application No. 496/2022 In

S.B. Criminal Revision Petition No. 1561/2022

Kantilal Jain S/o Mohanlal Jain, Aged About 61 Years, R/o Purana Sawaliya Ji Mukhbagir Vidhyalaly, Jato Ka Mohalla, Chanderiya, Tehsil And Dist. Chittorgarh. (Raj.) (Presently Lodged In Dist. Jail Chittorgarh).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Kaushal Kanwar W/o Gopal Singh Rajput, R/o Pratap Colony Ward No. 2 Chanderiya, Tehsil And Dist. Chittorgarh.

                                                                    ----Respondents


For Petitioner(s)           :    Mr. Rahul Bathi
For Respondent(s)           :    Mr. Gaurav Singh, P.P.



               HON'BLE MR. JUSTICE FARJAND ALI

                                      Order

19/12/2022

Heard learned counsel for the petitioner and the learned

public prosecutor on application seeking suspension of sentence.

Perused the judgments impugned and the material available on

record.

Learned counsel for the accused-petitioner submits that the

petitioner has paid Rs. 20,000/- in pursuance of the directions

passed by the appellate court and now he is ready to pay Rs.

30,000/-. The petitioner has been convicted for the offence u/s

138 of the NI Act and sentenced to six months SI with fine. The

petitioner is in custody since 23.9.22 and he was on bail during

(2 of 2) [SOSR-496/2022]

trial and pendency of appeal and never misused the liberty

granted to him.

Learned 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-petitioner.

Accordingly, the bail application for suspension of sentence is

allowed and it is ordered that the sentence passed by learned

Special Judicial Magistrate (NI Act Cases) Chittorgarh in Regular

Criminal Case No. 597/2018 vide judgment dated 30.9.2021 and

affirmed by the learned Additional Sessions Judge No.2,

Chittorgarh vide judgment dated 23.9.2022 passed in criminal

appeal no. 84/2021 against the accused-petitioner Kantilal Jain S/

o Mohanlal Jain shall remain suspended till final disposal of

present petition provided he executes 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

24.1.2023 and as and when called upon to do so.

(FARJAND ALI),J 294-RP/-

Powered by TCPDF (www.tcpdf.org)