Rajasthan High Court - Jodhpur
Kishan Makwana vs State Of Rajasthan on 12 April, 2023
Bench: Farjand Ali
[2023/RJJD/009735]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence No.87/2023
IN
S.B. Criminal Revision Petition No. 384/2023
Kishan Makwana S/o Shri Arjun Makwana, Aged About 34 Years,
R/o Opp Children School, Nearby Pipal Tree, House Of Shoe
Shop, Sardarpura, 1St B Road, Jodhpur, District Jodhpur Metro.
(Presently Lodged At Central Jail, Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Narendra Tak S/o Shri Sunder Lal Tak, R/o 1St B Road,
Sardarpura, Jodhpur, District Jodhpur Metro.
----Respondents
For Petitioner(s) : Mr. J.S. Deora
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
12/04/2023
The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
28.02.2017 passed by the learned Special Metropolitan Magistrate
[NI Act Cases] No.6, Jodhpur Metro, District Jodhpur in Criminal
Regular Case No.251/2015 whereby he was convicted and
sentenced to suffer maximum imprisonment of six months simple
imprisonment along with fine of Rs.65,000/-under Sections 138 of
Negotiable Instruments Act.
Learned counsel for the petitioner submits that the learned
trial court as well as the learned appellate court has committed an
[2023/RJJD/009735] (2 of 3) [SOSR-87/2023]
error of law in appreciating the evidence brought on record,
therefore, the material would be required to be appreciated again.
The petitioner was on bail during trial and during the course of
appeal.
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.
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.65,000/- and the petitioner is willing to deposit a sum of
Rs.10,000/- 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 Special Metropolitan Magistrate [NI
Act Cases] No.6, Jodhpur Metro, District Jodhpur in Criminal
Regular Case No.251/2015 against the petitioner-applicant-
[2023/RJJD/009735] (3 of 3) [SOSR-87/2023]
Kishan Makwana S/o Shri Arjun Makwana shall remain
suspended till final disposal of the aforesaid revision petition and
he shall be released on bail subject to the condition that he shall
deposit a sum of Rs.10,000/- out of the total fine amount of
Rs.65,000/- with the 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 12.05.2023 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 revision
is decided.
2. That if the applicant change the place of
residence, he will give in writing his changed
addresses 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
28-Ashutosh/-
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