Amrit Lal Parihar vs State Of Rajasthan
2023 Latest Caselaw 2742 Raj

[2023/RJJD/008838]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Suspension Of Sentence Application No. 81/2023

In

S.B. Criminal Revision Petition No. 363/2023

Amrit Lal Parihar S/o Hema Ram, Aged About 42 Years, R/o Balarva Bader Police Station Mathania Tehsil Osian, District Jodhpur. (At Present Lodged In Central Jail, Jodhpur)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Sura Ram S/o Kishna Ram, R/o Kheri Salva, Puniyo Ki Dhani, Tehsil Pipar City, District Jodhpur.

----Respondents

For Petitioner(s) : Mr. Sumer Singh Gaur For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

05/04/2023

The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

23.10.2021 passed by the learned Special Metropolitan Magistrate

(N.I. Act Cases) No. 2, Jodhpur Metropolitan in Criminal Case

No.767/2014 whereby he was convicted and sentenced to suffer

imprisonment of one year's simple imprisonment under Section

138 of N.I. Act and fine of Rs.4,00,000/- under Section 357(3) of

IPC.

It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

[2023/RJJD/008838] (2 of 3) [SOSR-81/2023]

conclusion of guilt, therefore, the same is required to be

appreciated again by this court being the first appellate Court. He

was on bail during trial and did not misuse the liberty so granted

to him; hearing of the revision is likely to take long time. He

further submits that the petitioner is ready and willing to deposit a

sum of Rs.80,000/- out of the fine amount with the trial Court.

Therefore, the application for suspension of sentence may be

granted.

Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the petitioner on application for suspension of sentence.

Heard learned counsel for the parties and perused the

material available on record.

Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the facts that the total fine amount

was Rs.4,00,000/- and the petitioner is willing to deposit a sum of

Rs. 80,000/- with the trial Court. The accused-petitioner was on

bail during the course of trial and the hearing of revision is likely

to take further more time and considering the overall submissions

while refraining from passing any comments on the niceties of the

matter and the defects of the prosecution as the same may put an

adverse effect on hearing of the revision, this court is of the

opinion that it is a fit case for suspending the sentence awarded to

the accused-petitioner.

[2023/RJJD/008838] (3 of 3) [SOSR-81/2023]

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned Special Metropolitan Magistrate (N.I.

Act Cases) No. 2, Jodhpur Metropolitan who passed the impugned

order dated 23.10.2021 in Criminal Case No.767/2014 against

the petitioner-applicant- Amrit Lal Parihar S/o Hema Ram shall

remain suspended till final disposal of the aforesaid revision and

he shall be released on bail provided he shall deposit a sum of

Rs.80,000/- and he executes a personal bond in the sum of

Rs.50,000/-with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance in this

court on 05.05.2023 and whenever ordered to do so till the

disposal of the revision on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant 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.

3. Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 2-divya/-

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