Nandu Singh vs Kamladevi
2023 Latest Caselaw 2745 Raj

[2023/RJJD/008893]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.78/2023

in

S.B. Criminal Revision Petition No. 357/2023

Nandu Singh S/o Sadul Singh, Aged About 55 Years, R/o Plot No. 46 Pancham Vihar Khasra No. 9/5 Shriyade Nagar Near Vinayak Vihar Nandra Kalla Jodhpur (Presently Lodged At Central Jail Jodhpur)

----Petitioner Versus

1. Kamladevi W/o Surjaram, R/o 352-C Poata B Road Jodhpur

2. State Of Raj., Through Pp

----Respondents

For Petitioner(s) : Mr. Trilok Singh For Respondent(s) : Mr. Gaurav Singh, P.P.

Mr. I.R. Choudhary

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 15.03.2016 passed by the learned Metro Magistrate No.3,

Jodhpur in Criminal Case No.451/2015, whereby he was convicted

and sentenced to suffer imprisonment of 6 months under Section

138 of the N.I. Act alongwith a fine of Rs.1,00,000/-.

Learned counsel for the petitioner submits that the

learned trial court as well as the learned appellate court has

committed an error of law in appreciating the evidence brought on

[2023/RJJD/008893] (2 of 3) [SOSR-78/2023]

record, therefore, the material would be required to be

appreciated again. The petitioner was on bail during trial and

during the course of appeal. Hearing of the revision petition

would likely take long time. He further submits that the petitioner

is ready and willing to deposit a sum of 20,000/- out of the fine

amount with the trial court.

Learned Public Prosecutor and learned counsel for the

complainant opposed the application for suspension of sentence.

Upon consideration of the grounds raised in the memo

of the revision, looking to the totality of facts and circumstances

of the case, more particularly the facts that the total cheque

amount was Rs.1,00,000/- and the petitioner is willing to deposit

a sum of Rs.20,000/- from the fine amount with the trial court; he

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.

Accordingly, the application for suspension of sentence

filed under Section 397/401 Cr.P.C. is allowed and it is ordered

that the sentence passed by learned Metro Magistrate No.3,

Jodhpur in Criminal Case No.451/2015 against the petitioner-

applicant Nandu Singh S/o Sadul Singh shall remain suspended till

final disposal of the aforesaid revision and he shall be released on

bail subject to the condition that he shall deposit a sum of

Rs.20,000/- out of the total fine amount of Rs.1,00,000/- with the

[2023/RJJD/008893] (3 of 3) [SOSR-78/2023]

trial court and provided 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 08.05.2023 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 address(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 152-Pramod/-

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