Rajasthan High Court - Jodhpur
Satyanarayan vs Bhagwanram (2025:Rj-Jd:44985) on 14 October, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:44985]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 306/2025
in
S.B. Criminal Revision No.1135/2023
Satyanarayan S/o Jagdish, Aged About 56 Years, R/o Near Jain
Temple, Osia, District Jodhpur. (Presently Lodged At Central Jail,
Jodhpur)
----Petitioner
Versus
1. Bhagwanram S/o Hadmanaram, R/o Hariom Nagar,
Karnaniyo Ki Dhani, Bhikamkor, Osia, District Jodhpur.
2. State Of Rajasthan, Through Pp
----Respondents
For Petitioner(s) : Mr. Trilok Singh
For Respondent(s) : Mr. NS Chandawat, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
14/10/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 17.08.2022 passed by the learned Addl. Chief Judicial
Magistrate, Osia, District Jodhpur in Criminal Regular Case
No.320/2017 whereby he was convicted and sentenced to
suffer maximum imprisonment of one years under Section
138 of NI Act and the same affirmed by learned Session
Judge, Jodhpur in Criminal Appeal No.61/2022 vide order
dated 24.08.2023.
2. It is contended on behalf of the applicant that the learned
trial Judge has not appreciated the correct, legal and factual
aspects of the matter and thus, reached at an erroneous
conclusion of guilt, therefore, the same is required to be
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appreciated again by this court; hearing of the revision is
likely to take long time, therefore, the application for
suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made on behalf of the accused-applicant
for releasing the petitioner on application for suspension of
sentence.
4. Heard learned counsel for the parties and perused the
material available on record.
5. The petitioner got released upon acceptance of his application
for suspension of sentence by this Court on 04.09.2023. He
was obligated to mark his presence before learned trial court
in the month of January every year and to abide with the
other conditions enumerated in the order itself. Perhaps he
made default of the conditions and thus warrant was issued
and in pursuant thereof he was apprehended and produced
before this Court and vide order dated 18.08.2025 he was
sent to judicial custody. Thus, the instant second application
for suspension of sentence.
Considering the submissions of learned counsel for the
parties and looking to the totality of facts and circumstances
of the case, 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. Also the fact
that he is behind the bars for around two months and seems
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to be an indigent person, this Court deems it appropriate to
grant bail and the conditions of bail shall remain the same as
stated in the previous order of his suspension of sentence.
6. 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 trial Court, the details of
which are provided in the first para of this order, against the
appellant-applicant named above 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 14.11.2025 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 revision 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
addresses, they will give in writing their changed
address to the trial Court.
(FARJAND ALI),J
26-chhavi/-
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