Rajasthan High Court
Basant Kumar S/O Nithuri Lal vs Virendra Kumar S/O Shri Vidhyanchal ... on 23 August, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:35672]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. SOS Application No.387/2024
In
S.B. Criminal Revision Petition No. 1251/2024
Basant Kumar S/o Nithuri Lal, Aged About 51 Years, R/o Opp.
Adarsh School, Gatta Factory Road, P.S. Udhyog Nagar, Kota (At
Present Confined In Central Jail Kota)
----Petitioner
Versus
Virendra Kumar S/o Shri Vidhyanchal Prasad, R/o Gali Of Opp.
Renu Book Depot, Premnagar, Near Police Chowki, Premnagar,
Kota
----Respondent
For Petitioner(s) : Mr. Shamsuddin Ansari
For Respondent(s) :
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
23/08/2024
1. The petitioner-accused herein has been convicted and
sentenced vide judgment dated 16.06.2022 passed by learned
Additional Sessions Judge No.5, Kota in Criminal Appeal
No.505/2019 as under:-
Offence Under Imprisonment Fine Sentence in
Section default of fine
138 of N.I. Act 6 months S.I. 1,00,000/- 01 month's
Additional S.I.
2. Heard learned counsel for the petitioner-applicant on the
application for suspension of sentence.
[2024:RJ-JP:35672] (2 of 3) [CRLR-1251/2024]
3. Learned counsel for the petitioner submits that the petitioner
has been wrongly convicted under Section 138 of N.I Act and
sentenced for ten months' of simple imprisonment along with fine
of Rs.1,00,000/- and further to undergo one month's of additional
simple imprisonment in case of default. He also submits that
petitioner has made all endeavours to amicably settle the issue
between him and the complainant. The cheque amount was of
Rs.60,000/-. It is also contended that the petitioner is in custody
since long and listing of regular hearing of his case may take
considerable time. Therefore, the application for suspension of
sentence may be allowed.
4. Learned Public Prosecutor has submitted the custody
certificate of the petitioner, which reveals that petitioner is in
custody since long.
5. Accordingly, the application for suspension of sentence filed
under Section 438 read with 442 of BNSS is allowed and it is
ordered that the sentences passed by learned Additional Sessions
Judge No.5, Kota in Criminal Appeal No.505/2019 vide order dated
21.06.2022 against the petitioner Basant Kumar S/o Nithuri
Lal, 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 24.09.2024 and whenever ordered
to do so, till the disposal of the revision on the conditions
indicated below:-
[2024:RJ-JP:35672] (3 of 3) [CRLR-1251/2024]
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
revision is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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.
6. The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were tried and convicted. A copy of this
order shall also be placed in that file for ready reference. Criminal
Misc. file shall not be taken into account for statistical purpose
relating to pendency and disposal of cases in the trial court. In
case the said accused applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(PRAVEER BHATNAGAR),J
Sunita/38
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