Chandra Prakash Tani vs The Jalore Central Co-Operative ...
2023 Latest Caselaw 2862 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application No.110/2023 in S.B. Criminal Misc. Suspension of Sentence Application No.73/2023 in S.B. Criminal Revision Petition No. 348/2023

Chandra Prakash Tani S/o Bhanwar Lal Tani, Aged About 38 Years, R/o Bhinmal Nageshwar Enterprises, Shop No. 8, 9, 10, Jindat Plaza, Rajendra Nagar, Jalore. (Presently Lodged In District Jail, Jalore)

----Petitioner Versus

1. The Jalore Central Co-Operative Bank Limited, Sayankalin Branch, Jalore Through Branch Manager, Jugalkishore, Vyas Nai Brahmpuri, Near Rajpurohit Hostel, Jalore.

2. The State Of Rajasthan, Through Pp

----Respondents

For Petitioner(s) : Mr.Balveer Singh Rathore For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

10/04/2023

The instant application has been preferred on behalf of

the petitioner-applicant Chandra Prakash Tani S/o Bhanwar Lal

Tani seeking correction in the order dated 06.04.2023 passed in

S.B. Criminal Misc. Suspension of Sentence Application

No.73/2023, whereby the sentence awarded to him by the trial

court and upheld by the appellate court was suspended.

Learned counsel for the petitioner submits that learned

trial court imposed a fine of Rs.7,40,000/- upon the petitioner.

The said fine amount was reduced to Rs.6,20,000/- by the

(2 of 2)

appellate court while affirming the judgment of conviction. It is

stated that in the order suspending sentence, the amount of fine,

i.e. Rs.7,40,000/-, imposed by the trial court has been referred

instead of the amount of fine as reduced by the appellate court,

i.e. Rs.6,20,000/-.

It is also submitted that due to typographical mistake

at page No.3 of the order under correction, the total amount of

fine has been mentioned as Rs.7,40,00,000/-. It is, therefore,

prayed that necessary corrections may be made in the order dated

06.04.2023.

Having considered the submissions advanced by the

learned counsel for the petitioner and on perusal of the order

under correction and the orders passed by the courts below, this

court is of the opinion that the corrections sought for in the order

suspending the sentence are essential. Accordingly, it is ordered

that the total amount of fine mentioned at page No.2 of the order

be read as "Rs.6,20,000/-" instead of "Rs.7,40,000/-" and the

total amount of fine mentioned at page No.3 of the order, be read

as "Rs.6,20,000/-" instead of Rs."7,40,00,000/-". The instant

order shall be treated as part and parcel of the order dated

06.04.2023 passed in S.B. Criminal Misc. Suspension of Sentence

No.73/2023 and the petitioner shall be released on bail upon

fulfilling the requisites mentioned in the order.

The application is allowed in these terms.

(FARJAND ALI),J Pramod/-

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