Lakhvinder Singh vs State Of Rajasthan
2023 Latest Caselaw 7768 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.350/2023

In

S.B. Criminal Revision Petition No. 1253/2023

Lakhvinder Singh S/o Gurdeep Singh, Aged About 45 Years, R/o- Luhara, Tehsil Raisinghnagar District Sriganganagar.

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Arjun Chouhan S/o Ramkaran, R/o- Kalra Nursing Home, Raisinghnagar Tehsil Raisinghnagar District Sriganganagar.

----Respondents

For Petitioner(s) : Mr. Indrajeet Yadav 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

20.09.2016 passed by the learned Judicial Magistrate,

Raisinghnagar, District Sriganganagar in Criminal Regular Case

No.68/2010, whereby he was convicted and sentenced to suffer

imprisonment of one year under Section 138 of the N.I. Act

alongwith 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 committed an

error of law in appreciating the evidence brought on record,

(2 of 3)

therefore, the material would be required to be appreciated again.

The petitioner was 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 petitioner is ready and willing to

deposit a sum of 60,000/- out of the fine amount with the trial

court.

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.1,20,000/- and the petitioner is willing to deposit a sum of

Rs.60,000/- from 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, Raisinghnagar,

District Sriganganagar in Criminal Regular Case No.68/2010

against the petitioner-applicant Lakhvinder Singh S/o Gurdeep

Singh shall remain suspended till final disposal of the aforesaid

revision and he shall be released on bail subject to the condition

(3 of 3)

that he shall deposit a sum of Rs.60,000/- out of the total fine

amount of Rs.2,00,000/- 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 35-divya/-

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