Rajasthan High Court - Jodhpur
Lalji vs Nilesh on 11 August, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail (Suspension of Sentence) Application
No.245/2023
in
S.B. Criminal Revision Petition No. 920/2023
Lalji S/o Khemji Patidar, Aged About 46 Years, Nava Gaon,
Galiyana, Teh. Aaspur, Dist. Dungarpur (Raj.). (Presently Lodged
In Central Jail, Udaipur).
----Petitioner
Versus
Nilesh S/o Nathulal, Punjpur, Teh. Aaspur, Dist. Dungarpur.
----Respondent
For Petitioner(s) : Mr. J.V.S. Deora
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND ALI
Order
11/08/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
31.03.2022 passed by the learned Judicial Magistrate, Aaspur,
Dungarpur in Regular Criminal Case No.314/2017, whereby he
was convicted and sentenced to suffer simple imprisonment of 1
year under Section 138 of the N.I. Act alongwith a fine of
Rs.4,00,000/-. The said order was further affirmed by the learned
Additional Sessions Judge, Sagwara, District Dungarpur vide
judgment dated 05.04.2023 passed in Criminal Appeal
No.13/2022.
(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 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 total cheque amount was
Rs.2,40,000/- out of which, an amount of Rs.80,000/- has already
been paid under the instructions of the learned appellate court
and the petitioner is further ready and willing to deposit a sum of
40,000/- with the trial court.
3. Heard learned counsel for the petitioner 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 total cheque amount was
Rs.2,40,000/-, out of which an amount of Rs.80,000/- has already
been paid and the petitioner is further willing to deposit a sum of
Rs.40,000/- 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.
(3 of 3)
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 Judicial Magistrate, Aaspur, District
Dungarpur in Regular Criminal Case No.314/2017 against the
petitioner-applicant Lalji S/o Khemji Patidar 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.40,000/- 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 15.09.2023 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
250-Pramod/-
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