Bharat Bhushan vs State Of Rajasthan
2022 Latest Caselaw 8464 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3696/2022

Bharat Bhushan S/o Mohan Lal Arora, Aged About 53 Years, Gali No. 13, W.no. 3, Behind Khetrapal Mandir, Setiya Farm, Sri Ganganagar. (At Present Lodged In Central Jail, Sri Ganganagar).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

29/06/2022

Heard.

The instant misc. petition has been filed by the petitioner

against the order dated 29.11.2018 passed by the learned Special

Judge SC/ST (Prevention of Atrocicity) Case, Sri Ganganagar in

Cr.Appeal No.37/2018 whereby suspending the sentence on the

condition to deposit 20% of the fine amount i.e. Rs.12,000/-

which was filed against the judgment dated 01.11.2018 pased by

the learned Special Judicial Magistrate (N.I. Act Cases) No.1, Sri

Ganganagar in Criminal Original Case No.251/2010 whereby the

accused-petitioner was convicted for the offence under Section

138 of the NI Act and sentenced for three months Simple

imprisonment along with fine of Rs.60,000/-.

Learned counsel for the petitioner submits that since the

petitioner is ready and willing to deposit 20% of the fine amount

(2 of 2) [CRLMP-3696/2022]

i.e. Rs.12,000/- before the trial court, thus, the instant petition

may be allowed and the order dated 29.11.2018 passed by the

learned Special Judge SC/ST (Prevention of Atrocicity) Case, Sri

Ganganagar in Cr.Appeal No.37/2018 may be quashed and set

aside.

Learned Public Prosecutor does not object to the submissions

made by the counsel for the petitioner.

Heard learned counsel for the petitioner as welll as learned

Public Prosecutor for the State. Perused the material available on

record.

Having regard to the facts and circumstances of the case this

Court is of the opinion that the impugned order dated 29.11.2018

passed by the learned Special Judge SC/ST (Prevention of

Atrocicity) Case, Sri Ganganagar in Cr.Appeal No.37/2018 is

modified to the extent that if the petitioner depoists 20% of the

fine amount i.e. Rs.12,000/- before the trial court, he may be

released on bail on furnishing required bail bonds.

In view the discussion made herein above, the instant Misc.

Petition succeeds and is allowed.

(VINOD KUMAR BHARWANI),J 74-Mamta/-

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