Kamal Kishore Panwar vs State Of Rajasthan
2023 Latest Caselaw 5309 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.142/2023

in

S.B. Criminal Revision Petition No. 582/2023

Kamal Kishore Panwar S/o Govind Lal, Aged About 50 Years, R/o H.no. 516, Dattopanth, Togri Nagar, Chokha Jodhpur, At Present R/o Near Kali Tanki, Guron Ka Talab, Chandana Bhakar Jodhpur. (Presently Lodged In Central Jail, Jodhpur)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Mukesh Singh Chouhan S/o Babu Singh, R/o 84, Kumharon Ka Bass, 1St C Road, Sardarpura, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Mohan Lal, on behalf of Mr. Gajendra Panwar For Respondent(s) : Mr. A.R. Choudhary, P.P.

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 applicant in the matter of judgment dated

16.02.2022 passed by the learned Special Metropolitan Magistrate

(N.I. Act Cases), No.9, Jodhpur Metro in Criminal Original Case

No.2780/2021, whereby he was convicted and sentenced to suffer

simple imprisonment of one year for the offence under Section

138 of the N.I. Act alongwith a fine of Rs.3,27,000/-. The said

judgment was affirmed by the learned Additional Sessions Judge,

(2 of 4)

No.4, Jodhpur Metro vide judgment dated 10.05.2023 while partly

allowing Criminal Appeal No.52/2022 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 has already deposited an

amount of Rs.65,400/- with the trial court and is further ready

and willing to deposit a sum of Rs.65,400/- with the trial court.

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

appeal. Now he is in judicial custody since 10.05.2023. Hearing

of the revision petition would likely take long time. Therefore, the

sentence awarded to the petitioner may be suspended.

3. Learned Public Prosecutor 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.3,00,000/-; the petitioner has already deposited Rs.65,400/-

with the trial court and is further ready to deposit a sum of

Rs.65,400/- with the trial court within a period of 30 days from

the date of his release on bail; 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

(3 of 4)

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 Metropolitan Magistrate (N.I.

Act Cases), No.9, Jodhpur Metro in Criminal Original Case

No.2780/2021 against the petitioner-applicant Kamal Kishore

Panwar S/o Govind Lal 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.65,400/- with the

trial court within a period of 30 days from his release 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.

(4 of 4)

6. If the amount of Rs.65,400/- is not deposited by the

petitioner with the trial court within the period stipulated, the

learned trial court shall issue a warrant of arrest against the

petitioner to take him into custody and the instant order of

suspending the sentence shall be deemed to be cancelled without

any further reference to the court.

(FARJAND ALI),J 246-Pramod/-

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