Gurdev Singh vs Suresh Kumar Mittal
2023 Latest Caselaw 2746 Raj

Citation : 2023 Latest Caselaw 2746 Raj
Judgement Date : 5 April, 2023

Rajasthan High Court - Jodhpur

Gurdev Singh vs Suresh Kumar Mittal on 5 April, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Suspension Of Sentence(Revision) No. 33/2023

S.B. Criminal Revision Petition No.158/2023

Gurdev Singh S/o Sh. Sarwan Singh, Aged About 65 Years, R/o Chak 05 L.c. Tehsil Raisinghnagar, Distt. Sri Ganganagar (Raj.) (At Present Lodged In Central Jail, Sri Ganganagar)

----Petitioner Versus Suresh Kumar Mittal S/o Sh. Deputy Swaroop, Aged About 42 Years, R/o Ward No. 14, Padampur, Tehsil Padampur, Distt. Sri Ganganagar (Raj.)

----Respondent

For Petitioner(s) : Mr. D.S. Gharsana 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

25.03.2019 passed by the learned Additional Chief Judicial

Magistrate, Padampur, Sriganganagar in Criminal Case No.311/16

whereby he was convicted and sentenced to suffer imprisonment

of six months' simple imprisonment along with a fine of Rs. 3 lakh

under Section 138 of N.I. Act.

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

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

(2 of 3) [SOSR-33/2023]

appreciated again by this court being the first appellate Court.

Hearing of the revision is likely to take long time, 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 record

of the case.

Considering the submission and looking to the totality of

facts and circumstances of the case, more particularly the fact

that the total cheque amount was of Rs. 1,50,000/-. The sentence

of six months has been awarded to the petitioner by the learned

trial Court and the same has been affirmed by the learned

appellate Court and looking to the age of the petitioner, who is

around the age of 60 years and is a patient of 'glaucoma'. The

impact was of such intensity that he has lost the vision of one eye.

He is behind the bars since 17.01.2023. 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 389 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned Additional Chief Judicial Magistrate,

(3 of 3) [SOSR-33/2023]

Padampur, Sriganganagar who passed the impugned order dated

25.03.2019 in Criminal Case No.311/16 against the petitioner-

applicant- Gurdev Singh S/o Sh. Sarwan Singh 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.

30,000/- with the trial Court while furnishing the bail bonds 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.