Mukesh Choudhary S/O Sh. ... vs Raghunath Singh @ Raghuvir Singh ...
2023 Latest Caselaw 557 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence Application No.
                                 564/2022

                                       In

           S.B. Criminal Revision Petition No. 1889/2022

Mukesh Choudhary S/o Sh. Mangalchand Choudhary, R/o College
Link Road, Near Mangal Mishra Cotton Press, Beawar District
Ajmer (Raj) (At Present Confined At Central Jail Ajmer)
                                                                   ----Petitioner
                                   Versus
1.      Raghunath Singh @ Raghuvir Singh S/o Sh. Sawai Singh,
        R/o Gram Bhojpura, Nundri Maldev, Tehsil Beawar, District
        Ajmer (Raj)
2.      State Of Rajasthan, Through P.p
                                                                ----Respondents

For Petitioner(s)         :    Mr. Pravind Kumar
                               Mr. B.N. Sandu
For Respondent(s)         :    Mr. S.S. Mahla, PP



              HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

16/01/2023

Despite notice has been served upon the respondent but no

one has appeared on his behalf.

Heard learned counsel for the accused petitioner and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 29.03.2019 passed by

learned Additional District Judge No. 3, Beawar, Ajmer whereby

the accused petitioner has been convicted for the offence

punishable under sections 138 of NI Act and has been sentenced

to maximum one year simple imprisonment along with fine of

(2 of 3) [SOSR-564/2022]

Rs. 2,45,000/- and in default of payment of fine, one month

additional SI.

Learned counsel for the accused-petitioner submits that the

petitioner is ready to deposit Rs. 50,000/- under protest to the

complainant. He is behind the bars for more than six months and

the total sentence is not more than one year.

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

case 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 case, 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 District Judge No. 3,

Beawar, Ajmer, vide judgment dated 29.03.2019 in Sessions

Appeal No. 63/2015 against the petitioner-applicant Mukesh

Choudhary S/o Sh. Mangalchand Choudhary shall remain

suspended till final disposal of the aforesaid petition 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 their appearance in this

court on 17.02.2023 and whenever ordered to do so till the

disposal of the petition on the conditions indicated below:-

(3 of 3) [SOSR-564/2022]

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

Court in the month of January of every year till the

petition 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.

4. He shall deposit the amount of Rs.50,000/-

with the trial court as a condition precedent to

release him on bail.

(FARJAND ALI),J

PREETI VALECHA /120

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