Rajasthan High Court - Jodhpur
Ramdas vs State Of Rajasthan on 25 May, 2023
Bench: Farjand Ali
[2023/RJJD/017441]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application
No.143/2023
IN
S.B. Criminal Revision Petition No. 585/2023
Ramdas S/o Shri Chotudas Rangaswami, Aged About 58 Years,
R/o Bhagwanpura Presentyl R/o At Dhariyawad Magri Falla Road
Ps Dahriyawad Dist. Pratapgarh (Lodged At Dist. Jail Pratapgarh)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Rajendra Kumar S/o Shri Kalu Lal, R/o Hiran Magri Sector
No. 14 Udaipur Presently In Front Of Animal Hospital
Dhariyawad Dist. Pratapgarh
----Respondents
For Petitioner(s) : Mr. Ramesh Chandra Purohit
For Respondent(s) : Mr. Gourav Singh, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
25/05/2023
1. The instant application for suspension of sentence has been
moved on behalf of the petitioner in the matter of judgment
dated 06.03.2019 passed by the learned Chief Judicial
Magistrate, Dhariywad, Pratapgarh in Criminal Regular Case
No.182/2015 (CIS No.79/2015), whereby he was convicted
and sentenced to suffer imprisonment of two years under
Section 138 of the N.I. Act alongwith a fine of Rs.5,80,000/-.
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
[2023/RJJD/017441] (2 of 3) [SOSR-143/2023]
brought on record, therefore, the material would be required
to be appreciated again. The petitioner was on bail during
trial and during the course of appeal. Hearing of the revision
petition would likely take long time. He further submits that
the petitioner is ready and willing to deposit a sum of
1,45,000/- out of the fine amount with the trial court.
3. Learned Additional Government Advocate 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.2,90,000/- and the petitioner is willing to
deposit a sum of Rs.1,45,000/- 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 Chief Judicial
Magistrate, Dhariywad, Pratapgarh in Criminal Regular Case
No.182/2015 (CIS No.79/2015) against the petitioner-
[2023/RJJD/017441] (3 of 3) [SOSR-143/2023]
applicant Ramdas S/o Shri Chotudas Rangaswami 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.1,45,000/- out of the total fine
amount of Rs.2,90,000/- 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
26.06.2023 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
247-Ashutosh/-
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