Rajasthan High Court
Deepak Kumar Tailor Son Of Shri ... vs State Of Rajasthan on 2 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Suspension of Sentence Application
No. 235/2022
In
S.B. Criminal Revision Petition No. 817/2022
Deepak Kumar Tailor Son Of Shri Maliram Tailor, Aged About 41
Years, Resident Of House No. 1-D-127, Lalita Colony, Shastri
Nagar, Jaipur Rajasthan (Accused Petitioner In Central Jail,
Jaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Brahmanand Sharma Son Of Shri Vishnu Prasad Sharma,
Aged About 39 Years, Resident Of 80/209, Pratap Nagar,
Sanganer, District Jaipur Rajasthan
----Respondents
For Petitioner(s) : Mr. Sandeep Sharma
For Respondent(s) : Mr. M.S. Saini, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/01/2023
Heard learned counsel for the accused petitioner and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 23.03.2022 passed by
learned Additional Sessions Judge, Court No.10, Jaipur
Metropolitan-Ist, Sanganer whereby the accused petitioner has
been convicted for the offence punishable under sections 138 of
Negotiable Instruments Act and has been sentenced to maximum
one month simple imprisonment along with fine of Rs.5,00,000/-
in default one year additional simple imprisonment.
(2 of 3) [SOSA-235/2022]
Heard learned counsel for the petitioner, learned counsel for
the State and gone through the judgment of conviction and order
of sentence dated 21.01.2020 passed by learned Judicial
Magistrate and judgment of appeal dated 22.03.2022, whereby
the judgment of conviction has been affirmed.
Learned trial Court has convicted the accused petitioner and
directed him to serve a sentence of one month simple
imprisonment and an amount of Rs. 5,00,000/- has been directed
to be paid as compensation with the stipulation that if the
petitioner fails to deposit the compensation amount in lieu thereof
he would have to suffer one year's further imprisonment and the
said judgment has been affirmed in appeal.
The petitioner was on bail during trial as well as in appeal
and presently accused petitioner is behind the bars in Central Jail,
Jaipur and has never misused the liberty granted to him 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 appeal, 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 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Sessions Judge, Court
No.10, Jaipur Metropolitan-Ist, Sanganer, vide judgment dated
22.03.2022 in Criminal Appeal No. 13/2020 against the petitioner-
applicant Deepak Kumar Tailor Son Of Shri Maliram Tailor shall
remain suspended till final disposal of the aforesaid appeal and he
(3 of 3) [SOSA-235/2022]
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 03.02.2023 and whenever ordered to do so till the
disposal of the appeal 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.
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.
(FARJAND ALI),J
PREETI VALECHA /17
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