Gurcharan Singh vs State Of Rajasthan
2022 Latest Caselaw 8161 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 624/2022

Gurcharan Singh S/o Shri Makhan Singh, Aged About 34 Years, B/c Ramdasiya Sikh, R/o Pakka Bhadwa, Tehsil And District Hanumangarh (Rajasthan) (At Present Lodged In Sub Jail, Nohar)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Jaswant Singh S/o Shri Aadu Singh, B/c Rajput, R/o Sonadi, Tehsil Nohar, District Hanumangarh (Rajasthan)

----Respondents

For Petitioner(s) : Mr. Trilok Joshi For Respondent(s) : Mr. S.S. Rajpurohit, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR (VACATION JUDGE)

Judgment / Order

14/06/2022

Admit.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of the

respondent No.1 -State.

Issue notice to the respondent No.2 only.

Call for the record.

Heard learned counsel for the parties on S.B. Criminal

Suspension of Sentence Application No.192/2022 and

perused the impugned orders.

Learned counsel for the petitioner has submitted that the

amount of cheque in question is Rs.5,00,000/-, however, the trial

(2 of 4) [CRLR-624/2022]

court has ordered that the petitioner shall pay compensation to

the tune of Rs.10,00,000/-. It is contended that the appellate

court has affirmed the order passed by the trial court while

maintaining the amount of compensation to the tune of

Rs.10,00,000/-. Learned counsel for the petitioner has further

submitted that the petitioner is ready to pay Rs.3,30,000/-(three

lakh thirty thousand) to the respondent No.2 during the pendency

of the criminal revision petition and therefore it is prayed that the

sentence awarded by the trial court and affirmed by the appellate

court be suspended.

Per contra, learned Public Prosecutor has opposed the

application for suspension of sentences.

Having considered the facts and circumstances of the case

and keeping in view the fact that the petitioner is voluntarily ready

to pay amount of Rs.3,30,000/-(three lakh thirty thousand) to the

respondent No.2, the application for suspension of sentence being

S.B. Criminal Suspension of Sentence Application

No.192/2022 deserves to be allowed and it is directed that the

sentences awarded to petitioner - Gurcharan Singh S/o Shri

Makhan Singh by the learned Judicial Magistrate, Nohar, District

Hanumangarh vide judgment dated 23.01.2020 and affirmed by

learned Additional Sessions Judge No.1, Nohar, District

Hanumangarh vide judgment dated 01.10.2021 shall remain

suspended till final disposal of the aforesaid revision petition,

provided the petitioner may execute a personal bond for a sum of

Rs.50,000/- along with two solvent sureties in the sum of

Rs.25,000/- each to the satisfaction of the learned trial court for

(3 of 4) [CRLR-624/2022]

his appearance before this Court on 13.07.2022 and whenever

called upon to do so till the disposal of the revision petition on the

conditions inidcated below:-

(1) That the petitioner deposits a demand draft of

Rs.Rs.3,30,000/-(three lakh thirty thousand) of a

nationalized bank executed in favour of the respondent

No.2 before the trial court.

(2) That he/she/they will appear before the trial court in

the month of January of every year till the revision

petition is decided.

(3) That if the petitioner(s) changes the place of residence,

he/she/they will give in writing his/her/their changed

address to the trial court as well as to the counsel in

the High Court.

(4) Similarly, if the sureties change their address(s), they

will give in writing their changed address(s) to the trial

court.

The learned trial court shall keep the record of attendance of

the accused-petitioner(s) in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-petitioner(s) was/were tried and convicted. A copy of this

order shall also be placed in that file for ready reference. Criminal

Misc. file shall not be taken into account for statistical purpose

relating to pendency and disposal of cases in the trial court. In

case the said accused-petitioner(s) does not appear before the

trial court, the learned trial Judge shall report the matter to the

High Court for cancellation of bail.

(4 of 4) [CRLR-624/2022]

The trial court is directed to handover the demand draft so

deposited by the petitioner to the respondent No.2 after duly

informing him and receiving an application of this effect from him.

It is made clear that if the petitioner fails to deposit

Rs.Rs.3,30,000/-(three lakh thirty thousand), the trial court shall

report the matter to the High Court for cancellation of bail.

(KULDEEP MATHUR ) VJ 146-Taruna/-

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