Surendra Vyas vs State Of Rajasthan
2023 Latest Caselaw 8966 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.436/2023 IN S.B. Criminal Revision Petition No. 1505/2023

Surendra Vyas S/o Shri Somnath, Aged About 61 Years, R/o- 17/617, Chopasani Housing Board, Jodhpur. (At Present Lodged In Central Jail, Jodhpur).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Karan Singh S/o Shri Prabhu Singh, R/o- Vinayak Vihar, Ner Dali Bai Ka Mandir, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Javed Hussain For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/11/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 22.09.2021 passed by the learned Special Metropolitan

Magistrate (N.I. Act Cases), No.4, Jodhpur Metropolitan,

District Jodhpur in Criminal Original Case No.1181/2016

whereby he was convicted and sentenced to suffer maximum

punishment of two years simple imprisonment along with fine

of Rs.7,50,000/-under Section 138 of the N.I. Act.

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

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

(2 of 3) [SOSR-436/2023]

appreciated again by this Court. Hearing of the revision

petition 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. Upon consideration of the observation made by the trial

Court in para No.11 of the impugned judgment, it is deemed

appropriate to suspend the sentence awarded by the learned

trial Court and affirmed by the learned appellate Court till

the disposal of the revision petition.

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 Special Metropolitan

Magistrate (N.I. Act Cases), No.4, Jodhpur Metropolitan,

District Jodhpur in Criminal Original Case No.1181/2016

against the petitioner-applicant- Surendra Vyas S/o Shri

Somnath shall remain suspended till final disposal of the

aforesaid revision petition and he shall be released on bail

provided each 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 02.12.2023 and whenever ordered to do so till

the disposal of the revision petition on the conditions

indicated below:-

(3 of 3) [SOSR-436/2023]

1. That he will appear before the trial Court in the month of January of every year till the revision is decided.

2. That if the applicant change the place of residence, he will give in writing his changed addresses 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 224-Ashutosh/-

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