Sanjay vs Indira
2023 Latest Caselaw 5310 Raj

[2023/RJJD/017442]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application No.144/2023

IN

S.B. Criminal Revision Petition No. 586/2023

1. Sanjay S/o Shri Natwar Lal, Aged About 45 Years, R/o Gopinath Ka Gada Tehsil Gadi Dist. Banswara Through K.n. Enterprises Ashapura Mode Near Tejaswini College Paratapur Tehsil Gadi Dist. Banswara Raj. (Presently Lodged In Dist. Jail Banswara)

2. Meelan Bhat S/o Shri Natwar Lal, Aged About 45 Years, R/o Gopinath Ka Gada Tehsil Gadi Dist. Banswara Through K.n. Enterprises Ashapura Mode Near Tejaswini College Paratapur Tehsil Gadi Dist. Banswara Raj. (Presently Lodged In Dist. Jail Banswara)

----Petitioners Versus

1. Indira W/o Late Shri Sudarshan, R/o Vill. Sabala Tehsil Aspur Dist. Dungarpur Raj.

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


For Petitioner(s)           :     Mr. S.S. Rathore
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 petitioners in the matter of judgment

dated 29.09.2021 passed by the learned Judicial Magistrate,

Banswara in Regular Criminal Case No.216/2018

(312/2016), whereby he was convicted and sentenced to

suffer punishment of two years Simple Imprisonment under

[2023/RJJD/017442] (2 of 3) [SOSR-144/2023]

Section 138 of the N.I. Act alongwith a fine of Rs.4,00,000/-

each (total Rs.8,00,000/-).

2. Learned counsel for the petitioners 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. The petitioners were 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 petitioners are ready and willing to deposit a sum of

1,00,000/- 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 petitioners

have already deposited a sum of Rs.2,00,000/- with the trial

Court and they are further ready and willing to deposit a sum

of Rs.1,00,000/- with the trial Court; they were 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-petitioners.

[2023/RJJD/017442] (3 of 3) [SOSR-144/2023]

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 Judicial Magistrate,

Banswara in Regular Criminal Case No.216/2018 (312/2016)

against the petitioners-applicants 1. Sanjay S/o Shri

Natwar Lal, 2. Meelan Bhat S/o Shri Natwar Lal shall

remain suspended till final disposal of the aforesaid revision

and they shall be released on bail subject to the condition

that they shall deposit a sum of Rs.1,00,000/- out of the fine

amount with the trial court and provided they execute 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 their 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 they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicants change the place of residence, they will give in writing their 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 248-Ashutosh/-

Powered by TCPDF (www.tcpdf.org)