Shobha Devi vs State Of Rajasthan
2023 Latest Caselaw 7772 Raj

Citation : 2023 Latest Caselaw 7772 Raj
Judgement Date : 3 October, 2023

Rajasthan High Court - Jodhpur

Shobha Devi vs State Of Rajasthan on 3 October, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.224/2023

S.B. Criminal Revision Petition No. 823/2023

Shobha Devi W/o Jagdish C/o Bhanwar Lalji Vishwakarma, Aged About 42 Years, R/o 2-A Kalaji Goraji Gulabbagh Road Udaipur Raj. (Lodged In At Present Jail Udaipur).

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Saurabh S/o Kishore Kumar Vashishth, R/o 4/2 Govt.

Awas Rahni Road Neemach Mata Devali Udaipur Raj.

----Respondents

For Petitioner(s) : Mr. Shrawan Kumar Ojha For Respondent(s) : Mr. Gaurav Singh, 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

30.01.2020 passed by the learned Special Judicial Magistrate, NI

Act No.5, Udaipur in Criminal Regular Case No.284/2015 whereby

she was convicted and sentenced to suffer maximum

imprisonment of one year's simple imprisonment under Section

138 of NI Act and compensation to the tune of Rs.1,60,000/-

under Section 357 (3) of Cr.P.C.

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

trial Judge has not appreciated the correct, legal and factual

(2 of 3)

aspects of the matter and thus, reached at an erroneous

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

appreciated again by this court. He was on bail during trial and did

not misuse the liberty so granted to him; 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 and perused the material available on record.

5. Considering the submission made by learned counsel for the

petitioner that the petitioner is a household lady and the fact that

no cogent, reliable and unimpeachable evidence has been

produced to establish the fact that the money was lent out to the

petitioner and in lieu thereof, the cheque was given and as such,

there was neither a legal debt nor any liability upon her.

6. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the fact that the accused-petitioner

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.

(3 of 3)

7. 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 Judicial Magistrate, NI Act

No.5, Udaipur who passed the impugned order dated 30.01.2020

in Criminal Regular Case No.284/2015 against the petitioner-

applicant- Shobha Devi W/o Jagdish C/o Bhanwar Lalji

Vishwakarma shall remain suspended till final disposal of the

aforesaid revision and she shall be released on bail provided she

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 her 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 she 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, she will give in writing her changed address to the trial Court as well as to the counsel in the High Court.