Satyanarayan Sain Son Of Shri ... vs State Of Rajasthan
2023 Latest Caselaw 283 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

       S.B. Criminal Misc. Suspension of Sentence Application
                                No. 254/2022

                                         In

            S.B. Criminal Revision Petition No. 862/2022

Satyanarayan Sain Son Of Shri Bhuralal Sain, Resident Of Near
Shiv Mandir, Dhobighat Road, Topdada, Ajmer Second Address
Shivani Hair Saloon, Nake Madar, Near Choki, Srinagar Road,
Ajmer
                                                                     ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Public Prosecutor
2.       Shri Anil Kumar Sharma Son Of Late Shri Premnarayan
         Sharma, Resident Of Kripal Nagar, Gulabbadi, Ajmer
                                                                  ----Respondents

For Petitioner(s) : Mr. Aayush Agarwal For Respondent(s) : Mr. S.S. Mahla, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

10/01/2023

Heard learned counsel for the accused petitioner and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 28.05.2022 passed by

learned Additional Sessions Judge, No.3, Ajmer whereby the

accused petitioner has been convicted for the offence punishable

under sections 138 of NI Act and has been sentenced to maximum

four months simple imprisonment along with fine of

Rs.1,20,000/-.

Learned counsel for the accused-petitioner submits that the

petitioner is a barber and run a small shop in village and does not

(2 of 3) [SOSR-254/2022]

have sufficient amount to satisfy the complainant otherwise he

has strong arguable case in his favor.

Learned Public Prosecutor vehemently opposes the prayer

made by learned counsel for the accused-petitioner.

The accused-petitioner is behind the bars and the hearing of

appeal is likely to take further more time, therefore, considering

the overall submissions and looking to the totality of facts and

circumstances of the case 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 petition, this court is of the opinion that it is a fit case for

suspending the sentence awarded to the accused petitioner yet he

would have to pay Rs.20,000/- to the complainant.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Additional Sessions Judge, vide

judgment dated 28.05.2022 in Criminal Appeal No.08/2021

against the appellant-applicant Satyanarayan Sain Son Of Shri

Bhuralal Sain shall remain suspended till final disposal of the

aforesaid appeal and he shall be released on bail provided he

executes a personal bond in the sum of Rs.25,000/-with one

surety of Rs.25,000/- to the satisfaction of the learned trial Judge

for their appearance in this court on 13.02.2023 and whenever

ordered to do so till the disposal of the case on the conditions

indicated below:-

1. That he/she/they will appear before the trial

Court in the month of January of every year till the

appeal is decided.

(3 of 3) [SOSR-254/2022]

2. That if the applicant(s) changes the place of

residence, he/she/they will give in writing

his/her/their 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.

4. He shall deposit the amount of Rs.20,000/-

with the trial court as a condition precedent to

release him on bail.

(FARJAND ALI),J

PREETI VALECHA /168

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