Trilok Singh vs State Of Rajasthan ...
2023 Latest Caselaw 4382 Raj

[2023/RJJD/014604]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 494/2023

Trilok Singh S/o Sh. Bhajan Singh, Aged About 55 Years, Chak 18 P, Anoopgarh, Presently R/o At Rcp Colony, W.no. 2, Anoopgarh. (Presently Lodged At Sub Jail Anoopgarh).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Lakhvinder Singh S/o Sh. Gurmej Singh, B/c Jat Sikh, R/o W.no. 6 Anoopgarh, Teh. Anoopgarh, Dist. Sriganganagar.

                                                                      ----Respondents


For Petitioner(s)              :     Mr. D.S. Thind
For Respondent(s)              :     Mr. Javed Gauri, PP



                 HON'BLE MR. JUSTICE FARJAND ALI

                                          Order

10/05/2023

1. By way of filing the instant criminal revision petition,

challenge has been made to the order dated 01.11.2022 passed

by the learned Additional Sessions Judge No.2 Anoopgarh, District

Sri Ganganagar (hereinafter referred to as 'the appellate Court) in

Criminal Appeal No.217/2021 whereby the bail bonds of the

petitioner were forfeited and a warrant of arrest was issued. At the

same time, the learned appellate Court had directed to send the

matter back to the Court of Judicial Magistrate, Anoopgarh for

compliance of the order of sentence dated 28.05.2019 passed by

the learned Judicial Magistrate, Anoopgarh (herein after referred

to as 'the trial Court') in Criminal Case No. 374/2016

(1318/2016).

[2023/RJJD/014604] (2 of 4) [CRLR-494/2023]

2. Briefly stated that facts which are necessary for disposal of

the instant criminal revision petition are that the petitioner was

tried for the offence under Section 138 of the Negotiable

Instruments Act and vide judgment dated 28.05.2019, he was

held guilty for the offence under Section 138 of the NI Act and

sentenced to suffer two years simple imprisonment alongwith a

fine of Rs.4,07,000/- and in default in payment of fine, further to

undergo six months' simple imprisonment.

3. Aggrieved by the judgment of conviction and order of

sentence, the petitioner preferred a Criminal Appeal No.217/2021

under Section 374 Cr.P.C. alongwith an application under Section

389 Cr.P.C. for suspension of sentence awarded by the trial Court.

The appeal was registered and vide order dated 20.10.2021, the

application for suspension of sentence came to allowed by the

learned appellate Court with the stipulation to deposit 20% of the

fine amount as ordered by the trial Court. Pursuant to the order

suspending sentence, the petitioner though executed bail bonds,

but sought time for depositing the amount as directed. It is

appearing that reasonable opportunities were afforded to the

petitioner but he failed to deposit the 20% of the fine amount as

directed by the learned trial Court while allowing the application

under Section 389 Cr.P.C. as well as the fact that the appellant-

petitioner herein, was not present on 11.05.2022. Thus, the

learned appellate Court constrained to pass an order for forfeiting

the bail and bonds and the record of the trial Court was sent for

compliance of the order of sentence dated 28.05.2019.

[2023/RJJD/014604] (3 of 4) [CRLR-494/2023]

4. Heard learned counsel for the petitioner as well as learned

Public Prosecutor for the State and perused the material available

on record.

5. Since the small controversy is involved in this revision

petition, and if notice is issued to the complainant and interim

order is passed, the proceeding would be protracted, therefore,

learned Public Prosecutor was directed to save the interest of the

complainant.

6. A detailed report including prescription slips, discharge

ticket, pathological reports etc. of the petitioner are placed on

record to show that the petitioner is ailing with continuous

abdominal disease and was undergoing treatment at Civil Hospital,

Fazalka (Punjab). It is contended that petitioner is ready and

willing to comply with the order dated 21.10.2021 passed by the

learned appellate Court under Section 389 of the Cr.P.C. Owing to

some inevitable circumstances, the petitioner failed to comply with

the order dated 21.10.2021, but as a matter of fact, he is willing

to obey the order passed the learned appellate Court.

7. Considering the overall facts and circumstances of the case,

the age of the petitioner and looking to the treatment record of

the petitioner, this Court deems it appropriate to interfere in the

matter by exceeding the prayer made by the petitioner in the

instant petition.

8. Accordingly, the revision petition is allowed. The order dated

01.11.2022 passed by the learned Additional Sessions Judge No.2,

Anoopgarh, District Sri Ganganagar in Criminal Appeal

[2023/RJJD/014604] (4 of 4) [CRLR-494/2023]

No.217/2021 is hereby quashed and set aside. The petitioner is

directed to deposit 20% of the fine amount as directed by the

appellate Court within a period of 30 days from today. He shall

remain continued to be on the bail bonds furnished by him before

the appellate Court. Upon his appearance and deposition of the

20% of the fine amount, the learned appellate Court shall hear the

appeal on merits after summoning the record from the trial Court.

It is apprised to this Court that pursuant to warrant of arrest, the

petitioner has been arrested and presently lodged at Sub Jail,

Anoopgarh, District Sri Ganganagar, therefore it is directed that

the petitioner shall be released forthwith in this matter, if not

required in any other case.

9. The stay petition and all pending applications, if any, are

stand disposed of.

(FARJAND ALI),J 186-Mamta/-

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