Tanuj vs State Of Rajasthan ...
2023 Latest Caselaw 4747 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.131/2023

in

S.B. Criminal Revision Petition No. 543/2023

Tanuj S/o Kailash Vaishnav, Aged About 36 Years, 34-A, Bapu Nagar, Lane Of Shani Maharaj Mandir, Saiti, Teh. And Dist. Chittorgarh. (Confined In Dist. Jail, Chittorgarh).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Bhagwat Singh S/o Sh. Bhanwar Singh Rajput, Sengwa Road, Housing Board, Saiti, Teh. Chittorgarh, Dist. Chittorgarh.

                                                                  ----Respondents


For Petitioner(s)        :     Mr. S.S. Shaktawat
For Respondent(s)        :     Mr. Mohd. Javed Gauri, P.P.



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

17/05/2023

1. The instant application for suspension of sentence has been

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

22.04.2017 passed by the learned Special Judicial Magistrate (NI

Act Cases), Chittorgarh in Criminal Case No.177/2015, whereby

he was convicted and sentenced to suffer imprisonment of one

year under Section 138 of the N.I. Act alongwith a fine of

Rs.1,80,000/-.

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,

(2 of 3)

therefore, the material would be required to be appreciated again.

The petitioner was on bail during trial and during the course of

appeal. He has surrendered on 13.02.2023 and is in judicial

custody since then. He is ready and willing to deposit an amount

of Rs.50,000/- out of the fine amount with the trial court. Hearing

of the revision petition would likely take long time.

3. Learned Public Prosecutor has 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.1,50,000/- and the petitioner is willing to deposit a sum of

Rs.50,000/- from 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 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 Special Judicial Magistrate (NI Act

Cases), Chittorgarh in Criminal Case No.177/2015 against the

petitioner-applicant Tanuj S/o Kailash Vaishnav 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.50,000/- out of the total fine amount of Rs.1,80,000/-

(3 of 3)

with the trial court within a period of 15 days from the date of his

release and provided he executes a personal bond in the sum of

Rs.50,000/- with one surety of Rs.50,000/- each to the

satisfaction of the learned trial Judge for his appearance in this

court on 19.06.2023 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.

6. If the amount of Rs.50,000/- is not deposited as directed,

the learned trial Court shall issue a warrant of arrest against the

applicant-appellant/petitioner to take him into custody and the

instant order of suspending the sentence shall be deemed to be

cancelled without any reference to the Court.

(FARJAND ALI),J 237-AnilKC/-

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