Harveer Singh vs State Of Rajasthan
2023 Latest Caselaw 7326 Raj

[2023:RJ-JD:30227]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.341/2023 IN S.B. Criminal Revision Petition No. 1211/2023

Harveer Singh S/o Sukhmander Singh, Aged About 35 Years, R/o Chak 10 B G M Bhagar Tehsil Sadulsher Dist. Sri Ganganagar Raj.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Mahesh Goyal S/o Tarsem Lal, R/o 12 Amba Vihar Chak 3 E Choti Sri Ganganagar

----Respondents

For Petitioner(s) : Mr. Javed Khan For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

18/09/2023

1. The instant application for suspension of sentence has been

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

23.08.2018 passed by the learned Special Judge (N.I. Act Cases,

No.2), Sri Ganganagar in Regular Criminal Case No.429/2016 CIS

No.3818/2016, 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.6,60,000/-.

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,

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

[2023:RJ-JD:30227] (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 50% of the cheque amount with the trial court.

3. Learned Public Prosecutor opposes 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.6,50,000/- out of which he is willing to deposit 50% from the

cheque amount with the trial court alongwith the bail bonds, he

was on bail during the course of trial and 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 Special Judge (N.I. Act Cases, No.2),

Sri Ganganagar in Regular Criminal Case No.429/2016 CIS

No.3818/2016 against the petitioner-applicant Harveer Singh S/o

Sukhmander Singh 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 50% out of the total Cheque

amount of Rs.6,50,000/- with the trial court and provided he

executes a personal bond in the sum of Rs.50,000/-with two

[2023:RJ-JD:30227] (3 of 3)

sureties of Rs.25,000/- each to the satisfaction of the learned trial

Judge for his appearance in this court on 18.10.2023 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.

4. He will deposit 50% of the cheque amount along with the bail bond as directed by the trial Court then he shall be released otherwise he shall be sent back to the custody as directed by the trial Court.

(FARJAND ALI),J 223-Samvedana/-

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