Ganpatlal Salecha vs State Of Rajasthan
2023 Latest Caselaw 7920 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.6618/2023

In

S.B. Criminal Revision Petition No. 1245/2023

Ganpatlal Salecha S/o Shri Mohanlal, Aged About 78 Years, R/o A-190 Saraswati Nagar Jodhpur

----Petitioner Versus

1. State Of Rajasthan, Through Pp Rajasthan High Court Jodhpur

2. Indian Overseez Bank, Central Office 762 Anna Silai Chennai -2 Branch Office Sojati Gate Jodhpur Raj.

                                                                 ----Respondents


For Petitioner(s)          :    Mr. Javed Hussain
For Respondent(s)          :    Mr. Abhishek Purohit, AGA



              HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

04/10/2023

1. The instant application for suspension of sentence has been

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

22.12.2016 passed by the learned Special Metropolitan Magistrate

(NI Act Cases) No.01, Jodhpur Metropolitan, Jodhpur in Criminal

Regular Case No.2508/2014 whereby he was convicted and

sentenced to suffer imprisonment of one year's simple

imprisonment along with compensation of Rs.21,75,000/- 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

(2 of 3)

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

at an erroneous conclusion of guilt. 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 submission of Branch Manager-

Prakash Narayan Meena (P.W.-1), where from it is revealing that

the loan was sanctioned in the name of M/s. Anokhi Choice and

the proprietor of the firm was Smt. Kiran and the loan also was

taken by her and the petitioner was only a guarantor as well as

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 Special Metropolitan Magistrate (NI

Act Cases) No.01, Jodhpur Metropolitan, Jodhpur who passed the

(3 of 3)

impugned order dated 22.12.2016 in Criminal Regular Case

No.2508/2014 against the petitioner-applicant- Ganpatlal

Salecha S/o Shri Mohanlal 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 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 addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 111-divya/-

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