Rajasthan High Court - Jodhpur
Heeralal vs State Of Rajasthan ... on 1 March, 2023
Bench: Farjand Ali
[2023/RJJD/006110]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 191/2023
Heeralal S/o Sh. Saidas, Aged About 55 Years, Durga Diesel
Service, S-68, New Auto Mobile And Tractor Market, Suratgarh,
Sri Ganganagar. (Presently Lodged At Central Jail, Sri
Ganganagar).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Shankar Lal Gupta S/o Sitaram Agarwal, H.No. 530, W.
No. 10, Purani Abadi, Near Khetrapal Temple, Sri
Ganganagar.
----Respondents
For Petitioner(s) : Mr. Murari Lal, Present-in-Person
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
01/03/2023
The lawyers are abstaining from appearance before the
Court.
Shri Murari Lal, elder brother of the petitioner is present in
person before this Court and submits that a sum of Rs. 45,000/-
has been paid by the petitioner while getting bail under Section
389 Cr.P.C, during the proceedings of appeal and now he is further
pay Rs.55,000/-.
I have gone through the judgment impugned passed by the
Special Judge Magistrate (N.I. Act Cases) No.1, Sri Ganganagar in
Criminal case No.965/2017 vide order dated 21.08.2019 and
affirmed by the learned Sessions Judge, Sri Ganganagar, vide
order dated 13.02.2023 in Regular Criminal Appeal No.249/2019.
[2023/RJJD/006110] (2 of 3) [CRLR-191/2023]
As per the allegations, a cheque of Rs.1,80,000/- was given
by the petitioner to the complainant in lieu of discharge of legal
debt or liability. When the cheque was presented before the bank,
it was dishonored due to insufficiency of funds in the account of
the petitioner. Several grounds have been raised in revision
petition assailing the finding of guilt.
Heard learned counsel for the petitioner-applicant and the
learned Public Prosecutor.
In the peculiar facts and circumstances of the case, it is
deemed appropriate to allow the application for Suspension of
Sentence subject to the condition that the petitioner deposits a
sum of Rs.55,000/- with the trial Court.
Accordingly, the application for suspension of sentence filed
under Section 397(1) Cr.P.C. is allowed and it is ordered that the
sentence passed by the learned Special Judge Magistrate (N.I. Act
Cases) No.1, Sri Ganganagar in Criminal case No.965/2017 vide
order dated 21.08.2019 and affirmed by the learned Sessions
Judge, Sri Ganganagar, vide order dated 13.02.2023 in Regular
Criminal Appeal No.249/2019 against the petitioner-applicant
Heeralal, shall remain suspended till final disposal of the aforesaid
revision petition and he shall be released on bail, provided he
deposits a sum of Rs.55,000/- with the trial Court and further
executes a personal bond in the sum of Rs.50,000/- with two
sureties of Rs.50,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 05.04.2023 and
whenever ordered to do so, till the disposal of the revision on the
conditions indicated below:-
[2023/RJJD/006110] (3 of 3) [CRLR-191/2023]
1. That he/she/they will appear before the trial Court in
the month of January of every year till the revision
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.
The learned trial Court shall keep the record of
attendance of the accused-applicant(s) in a separate file. Such file
be registered as Criminal Misc. Case related to original case in
which the accused-applicant(s) was/were tried and convicted. A
copy of this order shall also be placed in that file for ready
reference. Criminal Misc. file shall not be taken into account for
statistical purpose relating to pendency and disposal of cases in
the trial court. In case the said accused applicant(s) does not
appear before the trial court, the learned trial Judge shall report
the matter to the High Court for cancellation of bail.
(FARJAND ALI),J
15-Ashutosh/-
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