Shankar Lal vs State Of Rajasthan
2023 Latest Caselaw 8904 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.426/2023

In

S.B. Criminal Revision Petition No. 1476/2023

Shankar Lal S/o Kishan Lal, Aged About 70 Years, R/o Banediya , Tehsil Arnod, Dist. Pratapgarh. (Presently Lodged In District Jail, Pratapgarh)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Digpal Singh S/o Surendra Singh, R/o Jeerawata, Tehsil Arnod, Dist. Chittorgarh.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. R.P. Singaria
For Respondent(s)          :     Mr. Abhishek Purohit, AGA



               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

05.12.2018 passed by the learned Additional Chief Judicial

Magistrate Arnod, District-Pratapgarh in Criminal Case

No.4464/2014 (47/2016) whereby he was convicted and

sentenced to suffer two years' simple imprisonment along with a

fine of Rs.5,00,000/- under Section 138 of NI Act.

2. It is contended on behalf of the applicant that the learned

trial Court as well as appellate Court have not appreciated the

correct, legal and factual aspects of the matter and thus, reached

(2 of 3)

at an erroneous conclusion of guilt. He further submits that the

cheque was not given to the complainant in lieu of legal debt or

liability and the fact that the dispute initially had arisen in the year

2011 and an agricultural land was given on lease. He further

submits that the accused is about 71 years old and hearing of the

revision is likely to take long time, therefore, the application for

suspension of sentence may be granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the petitioner on application for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly, 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.

6. 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 Additional Chief Judicial Magistrate

Arnod, District-Pratapgarh who passed the impugned order dated

05.12.2018 in Criminal Case No.4464/2014 (47/2016) against the

(3 of 3)

petitioner-applicant- Shankar Lal S/o Kishan Lal shall remain

suspended till final disposal of the aforesaid revision and he shall

be released on bail 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:-

(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 addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 65-divya/-

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