Narpat Singh vs State Of Rajasthan
2023 Latest Caselaw 7767 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.352/2023

In

S.B. Criminal Revision Petition No. 1261/2023

Narpat Singh S/o Chothu Singh, Aged About 51 Years, R/o Ward No 12, Badi Khatu, Tehsil Jayal, Dist. Nagore (At Present Lodged In Dist. Jail, Nagore)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Prakash Chandra S/o Girdhari Lal, R/o Village Kishanpura, Tehsil Didwana, Nagore, Rajasthan

----Respondents

For Petitioner(s) : Mr. Moti Singh For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

03/10/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

27.08.2019 passed by the learned Judicial Magistrate, Deedwana

in Criminal Regular Case No.9/2016, whereby he was convicted

and sentenced to suffer simple imprisonment of one year under

Section 138 of the N.I. Act alongwith a fine of Rs.5,00,000/-.

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.

(2 of 3)

The petitioner was on bail during trial. Hearing of the revision

petition would likely take long time. He further submits that the

petitioner has deposited Rs.1,00,000/- under the order under

Section 389 (3) of Cr.P.C. and now he is ready and willing to

deposit a sum of 75,000/- out of the fine amount with the trial

court and as such the sum of Rs.1,75,000/- would be half of the

total cheque amount.

3. Learned Public Prosecutor and learned counsel for the

complainant 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.3,50,000/- and the petitioner is willing to deposit a sum of

Rs.75,000/- out of the fine amount with the trial court; 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 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, Deedwana in

Criminal Regular Case No.9/2016 against the petitioner-applicant

Narpat Singh S/o Chothu Singh shall remain suspended till

final disposal of the aforesaid revision and he shall be released on

(3 of 3)

bail subject to the condition that he shall deposit a sum of

Rs.75,000/- out of the total fine amount of Rs.5,00,000/- with the

trial court 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 03.11.2023 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.

(FARJAND ALI),J 37-divya/-

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