Rajasthan High Court
Kiriti Yadav Son Of Yashwant Singh vs State Of Rajasthan on 20 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.478/2024
IN
S.B. Criminal Revision Petition No. 1598/2024
Kiriti Yadav Son Of Yashwant Singh, R/o Shri Krishna Janana And
General Hospital, Ram Vihar, Near Panch Batti Chouraha,
Narayana Road, Purana Phulera, District Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Krishan Murari Sarda Son Of Late Shri Rameshwar Lal
Sarda, Aged About 70 Years, R/o Plot No. 177, Barkat
Nagar Colony, Paliwal Samaj Bhawan (Dharamshala Ke
Samne), Tonk Phatak, Jaipur.
----Respondents
For Petitioner(s) : Mr. Gopal Gupta
For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
20/09/2024
1. Heard learned counsel for the applicant-petitioner and
learned Public Prosecutor on the application for suspension of
execution of sentence. Perused the material available on record.
2. The applicant-petitioner herein has been convicted for
offence under Section 138 of Negotiable Instruments Act vide
judgment dated 24.07.2023 passed by learned Special
Metropolitan Magistrate (N.I. Act. Cases) No.05, Jaipur
Metropolitan-I in Criminal Case No.1619/2018 and has been
sentenced to four months simple imprisonment with a fine of
(2 of 4) [SOSA No.478/2024]
Rs.7,00,000/-. The petitioner, challenged the aforesaid judgment
of conviction and sentence in appeal (No.75/2023) before learned
Special Judge, (Fake Currency Cases) Jaipur Metro-I. However,
vide order dated 20.08.2024, the learned first appellate court
dismissed the appeal and affirmed the judgment of conviction and
sentence passed by learned trial court. Vide the order dated
20.08.2024, the learned first appellate court directed the
petitioner to surrender before the learned trial court within one
month to serve the sentence.
3. Learned counsel for the petitioner submits that the petitioner
has already deposited Rs.2,90,000/- (Two Lakhs Ninety Thousand
Rupees) before the learned trial court. He submits that he is ready
to deposit some additional part payment under protest before the
learned trial court. He submits that one month time was granted
by the learned appellate court to surrender before the learned trial
court & today is the last date to surrender.
4. After hearing and considering submissions of learned counsel
for the petitioner and after going through the impugned
judgments, I am of the opinion that the revision petition requires
consideration. Accordingly, petitioner is directed to appear and
deposit Rs.60,000/- with the trial court today itself which would be
paid to the complainant. At the time of receiving such amount, the
complainant would give an undertaking before the trial court that
in case of success of this revision petition, he would return the
said amount with interest at prevalent bank interest rate to the
petitioner.
5. Thus, subject to the deposition of part payment of
Rs.60,000/- by the petitioner with the trial court today itself, the
(3 of 4) [SOSA No.478/2024]
instant application for SOS is allowed. The sentences passed by
learned Special Metropolitan Magistrate, N.I. Act Cases, No.5,
Jaipur Metro I in Criminal Case No.1619/2018 vide judgment
dated 24.07.2023 and affirmed by the learned Special Judge (Fake
Currency Cases), Jaipur Metro-O in appeal (No.75/2023) vide
judgment dated 20.08.2024 against the accused-petitioner:-
Kiriti Yadav S/o Shri Yashwant Singh shall remain suspended
till final disposal of the aforesaid petition 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 14.10.2024 and whenever ordered to do so till the
disposal of the petition.
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
petition 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-petitioner in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
petitioner was 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 petitioner does not appear before the trial court, the
(4 of 4) [SOSA No.478/2024]
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
7. In case the petitioner fails to appear & deposit the
aforestated amount today itself, this order will lose its currency.
(ANIL KUMAR UPMAN),J
GAUTAM JAIN /54
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