Papulal Sain vs State Of Rajasthan
2023 Latest Caselaw 3972 Raj

[2023/RJJD/013371]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.84/2023

IN

S.B. Criminal Revision Petition No. 370/2023

Papulal Sain S/o Bherav Lal, Aged About 33 Years, R/o Village Chogawari Tehsil And District Chittorgarh (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Suresh Chandra Soni S/o Rameshwarlal, B/c Soni, R/o Badodiya, Tehsil And District Chittorgarh (Raj.)

----Respondents

For Petitioner(s) : Mr. I.R. Choudhary Mr. Abdul Kadir Mr. Pawan Bharati For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

03/05/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 11.02.2020 passed by the learned Special Judicial

Magistrate (N.I. Act Cases), Chittorgarh in Criminal Regular

Case No.564/2018 whereby he was convicted and sentenced

to suffer maximum imprisonment of 11 months simple

imprisonment along with fine of Rs.3,00,000/-under Section

138 of the Negotiable Instrument Act.

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

[2023/RJJD/013371] (2 of 3) [SOSR-84/2023]

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

appreciated again by this Court. Hearing of the revision

petition is likely to take long time, therefore, the application

for suspension of sentence may be granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant

for releasing the petitioner on application for suspension of

sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. In paragraph No.7 of the judgment dated 05.05.2022 passed

by Additional District and Sessions Judge No.2, Chittorgarh,

it is reflecting that during the course of the trial, the parties

had entered into a compromise and to culminate the

proceedings in lue of deposition of amounts of

Rs.1,90,000/-. Accordingly, vide application dated

10.09.2021, a sum of Rs.1,00,000/- was paid by the

petitioner to the complainant and the remaining amount of

Rs.90,000/- was to be paid within one month. Thus, looking

to the totality of facts and circumstances of the case, more

particularly the facts, hearing of revision petition 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

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

suspending the sentence awarded to the accused-petitioner.

[2023/RJJD/013371] (3 of 3) [SOSR-84/2023]

6. 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 Special Judicial

Magistrate (N.I. Act Cases), Chittorgarh in Criminal Regular

Case No.564/2018 against the petitioner-applicant- Papulal

Sain S/o Bherav Lal shall remain suspended till final

disposal of the aforesaid revision petition and he shall be

released on bail provided each 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 05.06.2023 and whenever

ordered to do so till the disposal of the revision petition on

the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the revision is decided.

2. That if the applicant change the place of residence, he will give in writing his changed addresses to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 106-Ashutosh/-

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