Lal Chand vs State Of Rajasthan
2023 Latest Caselaw 3674 Raj

Citation : 2023 Latest Caselaw 3674 Raj
Judgement Date : 26 April, 2023

Rajasthan High Court - Jodhpur

Lal Chand vs State Of Rajasthan on 26 April, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.100/2023

S.B. Criminal Revision Petition No. 445/2023

Lal Chand S/o Govind Ram, Aged About 48 Years, R/o Sardarpura Khalsa, Tehsil Rawatsar, District Hanumangarh.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Vinod Kumar S/o Jetha Ram, R/o Ward No. 15, Rawatsar, Tehsil Rawatsar, District Hanumangarh.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Achala Ram
For Respondent(s)         :     Mr. Abhishek Purohit, AGA



               HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

26/04/2023

1. The instant application for suspension of sentence has been

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

19.09.2018 passed by the learned Judicial Magistrate, Rawatsar,

District Hanumangarh in Criminal Case No.1921/2014, whereby he

was convicted and sentenced to suffer maximum imprisonment of

2 years for the offence under Section 138 of the NI Act with a fine

of Rs.6,70,000/- and judgment dated 28.03.2023 passed by the

learned Additional Sessions Judge No.1, Nohar, District

Hanumangarh in Criminal Appeal No.136/2018, whereby the

substantive sentence awarded to the petitioner was reduced to six

months while maintaining the fine amount.

(2 of 3)

2. 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 record,

therefore, the material would be required to be appreciated again.

The petitioner has deposited a sum of Rs.1,20,000/- in pursuance

of the order under Section 389 (3) CrPC and he is now willing to

pay further amount of Rs.1,80,000/- with the trial court at the

time of furnishing the bail bonds. The petitioner was on bail

during trial and during the course of appeal. Hearing of the

revision petition would likely take long time.

3. Heard learned counsel for the petitioner, learned Public

Prosecutor and perused the material available on record.

4. 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 petitioner is willing to

deposit a sum of Rs.1,80,000/- with the trial court; he was on bail

during the course of trial and appeal 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.

5. 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 Additional Sessions Judge No.1,

Nohar, District Hanumangarh in Criminal Appeal No.136/2018

against the petitioner-applicant Lal Chand S/o Govind Ram shall

(3 of 3)

remain suspended till final disposal of the aforesaid revision

provided he deposits a sum of Rs.1,80,000/- with the trial court

and 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 26.05.2023 and

whenever ordered to do so till the disposal of the revision on the

conditions mentioned 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.