Rajasthan High Court - Jodhpur
Vishakhasingh vs Madharam on 18 August, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.289/2023
In
S.B. Criminal Revision Petition No. 1037/2023
Vishakhasingh S/o Shri Harijeetsingh, Aged About 44 Years, R/o
Nr Hospital, In Front Of Shri Memorial School, Lohia Pada,
Mohangarh District Jaisalmer (Raj.)
----Petitioner
Versus
1. Madharam S/o Shri Udaram, R/o Chak No. 13-14 S.b.s.
Mohangarh, Dist. Jaisalmer (Raj.)
2. State Of Rajasthan, Through Pp
----Respondents
For Petitioner(s) : Mr. Manvendra Krishan Singh
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
18/08/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
23.04.2016 passed by the learned Judicial Magistrate, Jaisalmer in
Criminal Case No.344/2014 whereby he was convicted and
sentenced to suffer imprisonment of two years' simple
imprisonment along with a fine of Rs.8,75,000/- under Section
138 of NI Act.
2. 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
(2 of 3)
conclusion of guilt, therefore, the same is required to be
appreciated again by this court. He was on bail during trial and did
not misuse the liberty so granted to him; hearing of the revision is
likely to take long time, therefore, the application for suspension
of sentence may be granted.
3. 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.
4. Heard learned counsel for the parties and perused the
material available on record.
5. Considering the submissions of learned counsel for the
parties and looking to the totality of facts and circumstances of
the case, more particularly the facts that he is behind the bars for
14 months and the sentence awarded to him by the learned trial
Court is not more than two years, if the sentence is not
suspended, the purpose of filing the instant revision would be
frustrated.
6. Looking to the custody period and considering the fact that
the accused-petitioner was on bail during the course of trial, 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)
7. 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, Jaisalmer who
passed the impugned order dated 23.04.2016 in Criminal Case
No.344/2014 against the petitioner-applicant- Vishakhasingh S/
o Shri Harijeetsingh shall remain suspended till final disposal of
the aforesaid revision and he shall be released on bail 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 18.09.2023 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 addresses, they
will give in writing their changed address to the trial
Court.
(FARJAND ALI),J
281-divya/-
Powered by TCPDF (www.tcpdf.org)
