Hulas Chand vs State Of Rajasthan
2023 Latest Caselaw 8164 Raj

Citation : 2023 Latest Caselaw 8164 Raj
Judgement Date : 7 October, 2023

Rajasthan High Court - Jodhpur

Hulas Chand vs State Of Rajasthan on 7 October, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-

PUR S.B. Criminal Misc. Suspension of Sentence Application No.369/2023

In

S.B. Criminal Revision Petition No. 1345/2023

Hulas Chand S/o Bhera Ram, Aged About 35 Years, R/o Nimbi Road Ladnun Dist. Nagaur At Present Lodged In Sub Jail Deed-

wana

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Bhawani Shankar S/o Ganesh Mal Tanwar, R/o Maliyo Ka Bas Ladnun Dist. Nagaur

----Respondents

For Petitioner(s) : Mr. Padam Singh Solanki For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

07/10/2023

1. The instant application for suspension of sentence has been

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

07.04.2018 passed by the learned Judicial Magistrate, Deedwana

in Criminal Case No.240/2018, whereby he was convicted and

sentenced to suffer one year and six months' simple imprisonment

under Section 138 of the N.I. Act and imposed a fine of

Rs.5,50,000/- under Section 357(3) of IPC.

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 ap-

peal. Hearing of the revision petition would likely take long time.

He further submits that the petitioner is ready and willing to de-

posit a sum of 1,50,000/- out of the fine amount with the trial

court.

3. Learned Public Prosecutor and learned counsel for the com-

plainant 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.3,15,000/- and the petitioner is willing to deposit a sum of

Rs.1,50,000/- 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 opin-

ion 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 Case No.240/2018 against the petitioner-applicant Hulas

Chand S/o Bhera Ram 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

(3 of 3)

Rs.1,50,000/- out of the total fine amount of Rs.3,15,000/-

with the trial court within a period of 15 days 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 07.11.2023 and when-

ever ordered to do so till the disposal of the revision on the condi-

tions 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.