Vinod Kumar vs State Of Rajasthan
2023 Latest Caselaw 8006 Raj

[2023:RJ-JD:33087]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.6231/2023 IN S.B. Criminal Revision Petition No. 1171/2023

Vinod Kumar S/o Sohan Lal, Aged About 32 Years, R/o Vill. Renuka Madera Koni Road Tehsil And Dist. Sriganganagar Raj.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Laxman Soni S/o Chanan Ram Soni, R/o House No. 5 Gali No. 1 Soni Colony Near Basanti Chowk Sriganganagar Raj.

----Respondents

For Petitioner(s) : Ms. Sapna Vaishnav For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

05/10/2023

The instant application for suspension of sentence has been

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

28.02.2022 passed by the learned Additional Sessions Judge No.1,

District Shri Ganganagar in Criminal Appeal No.50/2018 (CIS

No.119/2018), whereby he was convicted and sentenced to suffer

imprisonment of 01 year under Section 138 of the N.I. Act

alongwith a fine of Rs.1,25,000/-.

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.

[2023:RJ-JD:33087] (2 of 3)

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 Rs.60,000/- out of the cheque amount with the

trial court.

Learned Public Prosecutor and learned counsel for the

complainant opposed the application for suspension of sentence.

Upon consideration of the grounds raised in the memo of the

revision and looking to the totality of facts and circumstances of

the case, more particularly the fact that the total cheque amount

was Rs.1,10,000/- out of which he is now willing to deposit a sum

of Rs.60,000/- from the cheque amount with the trial court as well

as taking into account that the hearing of revision is likely to take

further more time 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.

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 Additional Sessions Judge No.1,

District Shri Ganganagar in Criminal Appeal No.50/2018 (CIS

No.119/2018) against the petitioner-applicant Vinod Kumar S/o

Sohan Lal shall remain suspended till final disposal of the

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

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

total cheque amount of Rs.1,20,000/- with the trial court and

provided he executes a personal bond in the sum of Rs.50,000/-

[2023:RJ-JD:33087] (3 of 3)

with two sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge for his appearance in this court on 06.11.2023

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 72-Samvedana/-

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