Kulwant Singh vs Tilak Raj Kalda
2023 Latest Caselaw 4110 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.63/2023

in

S.B. Criminal Revision Petition No. 289/2023

Kulwant Singh S/o Shri Bawa Singh, Aged About 70 Years, R/o 13 M.l. Tehsil Padampur, District Sri Ganganagar. (At Present Lodged In Central Jail, Sriganganagar)

----Petitioner Versus

1. Tilak Raj Kalda S/o Shri Hukam Chand, R/o Ward No. 10, Padampur Tehsil Padampur, District Sri Ganganagar (Died) 1/1. Gautam S/o Late Shri Tilak Raj, R/o Ward No. 10, Padampur, Tehsil Padampur, District Sri Ganganagar.

2.       State Of Rajasthan, Through Pp
                                                                  ----Respondents


For Petitioner(s)        :     Mr. Kaluram Bhati
For Respondent(s)        :     Mr. A.R. Choudhary, P.P.
                               Mr. Hemant Jain



              HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

04/05/2023

1      The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

28.02.2018 passed by the learned Additional Chief Judicial

Magistrate, Padampur, District Sri Ganganagar in Criminal Case

No.56/2008, whereby he was convicted and sentenced to suffer

imprisonment of one year for the offence under Section 138 of the

N.I. Act alongwith a fine of Rs.15,00,000/-. The said judgment

was affirmed by the learned Additional Sessions Judge, Sri

(2 of 3)

Karanpur, District Sri Ganganagar while dismissing Criminal Appeal

No.11/2018 preferred by the petitioner.

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.

He further submits that the petitioner is ready and willing to

deposit a sum of Rs.2,50,000/- out of the fine amount with the

trial court. The petitioner was on bail during trial and during the

course of appeal. Hearing of the revision petition would likely take

long time. It is submitted that the petitioner is ailing with serious

disease and presently admitted in the P.B.M. Hospital, Bikaner and

the documents in this regard have been shown to the court.

3. Learned Public Prosecutor and learned counsel for the

complainant opposed the application for suspension of sentence.

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 total cheque amount was

Rs.13,60,000/- and the petitioner is willing to deposit a sum of

Rs.2,50,000/- out of the fine amount with the trial court; he was

on bail during the course of trial 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

(3 of 3)

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.56/2008

against the petitioner-applicant Kulwant Singh S/o Bawa Singh

shall remain suspended till final disposal of the aforesaid revision

and he shall be released on bail subject to the condition that he

shall deposit a sum of Rs.2,50,000/- out of the fine amount with

the trial court and 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 05.06.2023 and whenever ordered to do so till the

disposal of the revision on the conditions indicated 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 182-Pramod/-

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