Citation : 2022 Latest Caselaw 14043 Raj
Judgement Date : 29 November, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1473/2022
Geeta Jangid W/o Harsukh Ram, Aged About 50 Years, E-S-I Hospital Road, Near Bangali Quarter, Devi Mandir, Kamla Nehru Nagar, Jodhpur. (At Present Lodged In Central Jail, Jodhpur).
----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. Krishnarjun Singh S/o Lt. Sh. Jagdish Singh, 538, Navi Road, B Road, Sardarpura, Jodhpur.
----Respondents
For Petitioner(s) : Mr. B.S.Charan
For Respondent(s) : Mr. S.S.Rajpurohit, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
29/11/2022
Call for the record.
Heard learned counsel for the accused-petitioner as well as
learned Public Prosecutor on the application for suspension of
sentence.
Learned counsel for the accused-petitioner submits that the
petitioner is in custody and he was on bail during trial and
pendency of appeal and never misused the liberty granted to him.
In the case under consideration, the petitioner has been
convicted for the offence under Sec.138 of Negotiable Instrument
Act and sentenced to 2 years simple imprisonment along with fine
as per judgment dated 26.4.14 which has been affirmed by the
learned Additional Sessions Judge No.3, Jodhpur Metropolitan vide
judgment dated 23.11.2022.
(2 of 2) [CRLR-1473/2022]
Learned Public Prosecutor have vehemently opposed the
prayer regarding suspension of sentence.
Having regard to the totality of facts and circumstances of
the case and considering the submissions advanced by the counsel
for the parties, without commenting upon the merits of the case, 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 trial
court and affirmed by the learned Additional Sessions Judge No.3,
Jodhpur Metropolitan vide judgment dated 23.11.22 passed in
criminal appeal no. 8/16 against the accused-petitioner Geeta
Jangid W/o Harsukh Ram, shall remain suspended till final disposal
of present petition provided she furnishes an undertaking before
the trial court to the effect that she will deposit 20% of the cheque
amount within a period of ten days after her release on bail and
execute 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 her appearance in this court on 3.1.2023 and as and when
called upon to do so. The aforesaid undertaking shall be filed
along with the bail bonds.
(FARJAND ALI),J 149-RP/-
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