Motilal @ Motiya vs State Of Rajasthan
2023 Latest Caselaw 8903 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.430/2023

IN

S.B. Criminal Revision Petition No. 1482/2023

Motilal @ Motiya S/o Shri Bheemji, Aged About 80 Years, R/o- Banjari, P.s. Suhagpura, Dist. Pratapgarh. (Petitioner Is In Jail, Pratapgarh).

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Pratapgarh District Cooperative Bank Ltd., Pratapgarh Through Its Secretary, Pratapgarh.

----Respondents

For Petitioner(s) : Mr. Raghuveer Singh Bhati For Respondent(s) : Mr. Aneesh Bhurat, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

01/11/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated - 15.10.2019 passed by the learned Judicial

Magistrate, Pratapgarh- in Criminal Case No.247/2016 (CIS

No.1006/2016), whereby the petitioner was convicted and

sentenced to suffer punishment of two years simple

imprisonment under Section 138 of the N.I. Act along with a

fine of Rs.2,00,000/-.

2. Learned counsel for the petitioner submits that the learned

trial court as well as the learned appellate Court has

(2 of 3) [SOSR-430/2023]

committed an error of law in appreciating the evidence

brought on record, therefore, the material would be required

to be appreciated again. Hearing of the revision petition

would likely take long time. Learned counsel for the

petitioner further submits that the petitioner is ready and

willing to deposit a sum of 50,000/- out of the fine amount

with the trial court.

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 petitioner is

willing to deposit a sum of Rs.50,000/- from the fine amount

with the trial court; 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 Judicial Magistrate,

Pratapgarh- in Criminal Case No.247/2016 (CIS

No.1006/2016) against the petitioner-applicant Motilal @

Motiya S/o Shri Bheemji shall remain suspended till final

disposal of the aforesaid revision and he shall be released

(3 of 3) [SOSR-430/2023]

on bail subject to the condition that he shall deposit a

sum of Rs.50,000/- with the trial court within a period

of 15 days 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 01.12.2023 and whenever

ordered to do so till the disposal of the revision on the

conditions indicated below:-

(i) That he will appear before the trial Court in the month of January of every year till the appeal is decided.

(ii) 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.

(iii) Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

6. Upon deposition of Rs.50,000/- out of the total fine amount by the petitioner, the same shall be disbursed to the complainant.

(FARJAND ALI),J 250-Ashutosh/-

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