Rajasthan High Court - Jodhpur
Baldev Singh vs Meva Singh on 2 May, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.69/2023
in
S.B. Criminal Revision Petition No. 331/2023
Baldev Singh S/o Sh. Ujagar Singh, Aged About 75 Years, R/o
Chak 05 E.e.a. Tehsil Padampur Dist. Sriganganagar Raj. (At
Present In Dist. Jail, Sri Ganganagar).
----Petitioner
Versus
Meva Singh S/o Sh. Saroop Singh, R/o Chak 05 E.e.a. Tehsil
Padampur Dist. Sriganganagar Raj.
----Respondent
For Petitioner(s) : Mr. D.S. Gharsana
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/05/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
12.08.2016 passed by the learned Additional Chief Judicial
Magistrate, Padampur, District Sri Ganganagar in Criminal Case
No.489/2011, whereby he was convicted and sentenced to suffer
imprisonment of one years for the offence under Section 138 of
the NI Act with a fine of Rs.3,15,000/- and the judgment dated
16.02.2023 passed by the learned Additional Sessions Judge, Sri
Karanpur, District Sri Ganganagar dismissing the appeal preferred
against the aforesaid judgment.
(2 of 3)
2. Learned counsel for the petitioner submits that the learned
trial court as well as the learned appellate court has committed an
error of law in appreciating the evidence brought on record,
therefore, the material would be required to be appreciated again.
The petitioner willing to pay an amount of Rs.57,000/- out of the
total cheque amount of Rs.1,57,500/- with the trial court at the
time of furnishing the bail bonds. The petitioner was on bail
during trial and during the course of appeal. Presently he is in
judicial custody. He is 75 years old and ailing with several
diseases. Hearing of the revision petition would likely take long
time.
3. Heard learned counsel for the petitioner, learned Public
Prosecutor and perused the material available on record.
4. Upon consideration of the grounds raised in the memo of the
revision, looking to the totality of facts and circumstances of the
case, more particularly the facts that the petitioner is willing to
deposit a sum of Rs.57,000/- with the trial court; he was on bail
during the course of trial and appeal and 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.
5. 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 Additional Chief Judicial Magistrate,
Padampur, District Sri Ganganagar in Criminal Case No.489/2011
(3 of 3)
against the petitioner-applicant Baldev Singh S/o Ujagar Singh
shall remain suspended till final disposal of the aforesaid revision
provided he deposits a sum of Rs.57,000/- with the trial court and
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 01.06.2023 and
whenever ordered to do so till the disposal of the revision on the
conditions mentioned 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 address(s), they
will give in writing their changed address to the trial
Court.
(FARJAND ALI),J
138-Pramod/-
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