Rajasthan High Court - Jodhpur
Laxmi Lal vs Mohan Lal on 10 May, 2022
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Cr. Misc. 2nd Bail / Suspension Of Sentence(Revision) No.
128/2022
in
S.B. Criminal Revision Petition No. 80/2020
Laxmi Lal S/o Modiram Menaria, Aged About 50 Years, R/o
Menar, P.S. Kheroda, District Udaipur (Raj.)
(At Present Lodged At Central Jail, Udaipur)
----Petitioner
Versus
1. Mohan Lal S/o Onkar Lal Soniyana, R/o Menar, P.S.
Kheroda, District Udaipur (Raj.)
2. State Of Rajasthan, Through PP
----Respondents
For Petitioner(s) : Mr. R.D. Charan
For Respondent(s) : Mr. Aurn Kumar, PP
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
10/05/2022
The applicants/petitioners herein was convicted and
sentenced vide judgment dated 30.11.2017 passed by learned
Additional Chief Judicial Magistrate in Cr. Case No. 364/2011 which
was affirmed by learned Additional Sessions Judge, No.3, Udaipur
vide order dated 10.12.2019 in Cr. Appeal No. 553/2017 (CIS No.
553/2017) as under:-
Offences Sentence Fine
Section 138 of 1 Year S.I. Rs.5,58,000/-
Negotiable
Instruments Act,
(2 of 3) [SOSR-128/2022]
The petitioner has moved this second suspension of
sentence application under Section 397/401 of Cr.P.C. seeking
suspension of sentences awarded to him by the trial court and
confirmed by the appellate court.
Heard learned counsel for the petitioner and learned
public prosecutor on application for suspension of sentence.
Learned counsel for the petitioner submits that at the
time of dismissing the first bail application / suspension of sentence
on 29.11.2021 liberty was granted to the petitioner to file fresh after
surrendering before the trial court. Now, the petitioner has
surrendered before the trial court on 13.4.2022 and he has also
made part payment of cheque amount to the complainant. Petitioner
was on bail during the trial. In the above circumstances, learned
counsel for the petitioner prays to allow this suspension of sentence
application.
Upon a consideration of the arguments advanced on
behalf of the petitioner and having regard to the facts and
circumstances of the case, this court is of the opinion that it is a fit
case for suspending the sentence awarded to the accused petitioner.
Accordingly, the application for suspension of sentence
filed under Section 397/401 Cr.P.C. is allowed and it is ordered that
the sentences passed by the Learned Additional Chief Judicial
Magistrate, Vallabhnagar in Regular Criminal Case No.364/2011 vide
judgment dated 30.11.2017 as confirmed by the Learned Addl.
Sessions Judge No.3, Udaipur, vide judgment dated 10.12.2019 in Cr.
Appeal No.553/2017 against the petitioner-applicant Laxmi Lal S/o
Modiram Menaria, shall remain suspended till final disposal of the
(3 of 3) [SOSR-128/2022]
aforesaid revision and he shall be released on bail , provided he
executes a personal bond in the sum of Rs.50,000/- with two
sureties in the sum of Rs. 25,000/- each to the satisfaction of the
learned trial Judge for his appearance in this court on 13.6.2022
and whenever ordered to do so, till the disposal of the revision on
the conditions indicated below:-
1. That if the petitioner changes the place of
residence, he will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
2. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
(RAMESHWAR VYAS),J
61-Mak/-
Powered by TCPDF (www.tcpdf.org)
