Sewarram vs State Of Rajasthan (2025:Rj-Jd:12185)
2025 Latest Caselaw 8197 Raj

Rajasthan High Court - Jodhpur

Sewarram vs State Of Rajasthan (2025:Rj-Jd:12185) on 4 March, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:12185]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Criminal Misc(Pet.) No. 1747/2025

Sewarram S/o Ganesha Ram, Aged About 40 Years, R/o Ganpati
Nagar, Old Railway Station, Nawa, Dist. Deedwana Kuchaman
(Raj.)
                                                                       ----Petitioner
                                       Versus
1.        State Of Rajasthan, Through Pp
2.        Pawan Sahu S/o Kailash, Aged About 32 Years, R/o Vyas
          Colony, Nawa, Tehsil Nawa, Dist. Deedwana Kuchaman
          (Raj.)
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Deependra Singh
For Respondent(s)            :     Mr. Vikram Singh Rapurohit, Dy.G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

04/03/2025

1. By way of filing the instant criminal misc. petition, a

challenge has been made to the order dated 17.02.2025 passed

by the learned Additional Sessions Judge, Kuchaman City, District

Deedwana Kuchaman (hereinafter to be referred as 'the appellate

court') in Criminal Appeal No.08/2025, whereby the application for

suspending the sentence under Section 389 of Cr.P.C. filed by the

petitioner was allowed with the condition to deposit 20% of fine

amount within 1 month.

2. Heard learned counsel for the parties and perused the

material as made available to this Court as well as the order under

assail.

[2025:RJ-JD:12185] (2 of 3) [CRLMP-1747/2025]

3. Bereft of elaborate details, briefly stated facts of the case

are that the petitioner was tried and convicted for the offence

under Section 138 of the N.I. Act vide judgment dated $$$ passed

by the learned %%% (hereinafter to be referred as 'the trial

court'). Aggrieved of the judgment of conviction, he preferred an

appeal before the learned appellate court along with an application

under Section 389 Cr.P.C. for suspension of sentence awarded by

the learned trial court. Vide the order under assail dated

17.02.2025, the learned appellate court allowed the application

under Section 389 of the Cr.P.C. with the condition of depositing

20% of the fine amount within 1 month as directed by the learned

trial court.

4. The grief of the petitioner would be that in view of the

mandate of law and the judgment passed by the Hon'ble Supreme

Court in the case of Jamboo Bhandari Vs. M.P. State

Industrial Development Corporation Ltd. reported (2023) 10

SCC 446, there is no need to direct the appellant to deposit 20%

of the fine amount as well as imposition of a condition for

deposition of 20% of the fine amount is not imperative and

mandatory.

5. In view of the limited prayer, the legal provisions and the

law enunciated in this regard by Hon'ble the Supreme Court, I

deem it appropriate to make a slight modification in the order

dated 17.02.2025.

6. Accordingly, the instant criminal misc. petition is allowed

in part and the order dated 17.02.2025 passed by the learned

learned Additional Sessions Judge, Kuchaman City, District

[2025:RJ-JD:12185] (3 of 3) [CRLMP-1747/2025]

Deedwana Kuchaman in Criminal Appeal No.08/2025, is modified

in the manner that now the petitioner would deposit 10% of the

fine amount instead of 20% of the fine amount awarded by the

learned trial court.

7. The stay petition is also disposed of.

(FARJAND ALI),J 90-Ashutosh/-

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