[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Shyam Singh vs State Of Rajasthan on 3 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.21/2026
in
S.B. Criminal Revision Petition No. 94/2026
Shyam Singh S/o Onka Singh, Aged About 45 Years, R/o Suncity
Hospital, Paota Mandor Road, Jodhpur
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Ramavtar Sikhwwal S/o Gopikishan, R/o 9/4 Rammohalla,
Outside Nagori Gate, Jodhpur
----Respondents
For Petitioner(s) : Mr. R.S. Charan
Mr. Shyam Singh, petitioner in person
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
03/02/2026
1. In view of the judgment passed by the Co-ordinate Bench of
this Court in the case of Vishnu Teli Vs. State of Rajasthan & Ors.
[S.B. Criminal Revision Petition No. 1734/2009, decided on
25.11.2010], the defect pointed out by the Registry is ignored.
2. The petitioner has preferred the instant application seeking
suspension of sentence under Section 397(1) (now Section 438 of
the Bharatiya Nagarik Suraksha Sanhita, 2023) alongwith the
revision petition assailing the judgment dated 20.12.2025 passed
by the learned Additional Sessions Judge No.5, Jodhpur
Metropolitan, in Criminal Appeal No.338/2024 (NCV
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No.338/2024), whereby the learned appellate court dismissed the
appeal preferred by the petitioner and affirmed the judgment and
order dated 02.08.2024 passed by the learned Special Judge (N.I.
Act Cases) No.05, Jodhpur Metropolitan, in Criminal Case
No.1000/2018 (NCV No.7506/2018), convicting the petitioner for
the offence under Section 138 of the Negotiable Instruments Act
and sentencing him to undergo one year simple imprisonment
with a fine of Rs.40,000/- and in default of payment of fine, to
further undergo one month simple imprisonment.
3. Learned counsel for the petitioner submits that the learned
trial court as well as the learned appellate court has committed an
error in appreciation of the evidence brought on record and that
the same would require re-appreciation at the stage of final
hearing of the revision petition. It is further submitted that the
hearing of the revision is likely to take a long time. On these
grounds, prayer is made for suspension of sentence.
4. Per contra, learned Public Prosecutor has opposed the prayer
made on behalf of the petitioner for suspension of sentence.
5. Heard learned counsel for the parties and perused the
material available on record.
6. Two separate cases were lodged by the same complainant
against the petitioner. In one case, the Appeal No.337/2024
decided on the same day by the same court based on the
compromise. It is argued that out of the cheque amount only
Rs.5,000/- remains to be paid, which the petitioner is ready to
pay. Considering the submissions advanced at the Bar, the
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grounds raised in the memo of the revision petition, and looking to
the totality of the facts and circumstances of the case, while
refraining from making any observations on the merits of the case
or the alleged infirmities in the prosecution case, as the same may
adversely affect the final hearing of the revision petition, this
Court is of the opinion that the present case is a fit one for
suspending the sentence awarded to the petitioner.
7. Accordingly, the application for suspension of sentence is
allowed and it is ordered that the sentence awarded to the
petitioner by the learned Trial Court and affirmed by the learned
Appellate Court shall remain suspended till final disposal of the
criminal revision petition. The petitioner 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 Court for his appearance before this Court whenever
ordered to do so, subject to the further condition that the
petitioner shall deposit the remaining cheque amount of
Rs.5,000/- before the learned Trial Court within a period of 30
days from today, which amount shall be disbursed to the
complainant by the learned Trial Court. Since the petitioner is
presently not in custody, the warrant issued against him shall not
be executed for a period of 30 days. The release of the petitioner
shall further be subject to the following conditions:
1.That the petitioner shall appear before the learned Trial
Court in the month of January of every year till disposal
of the revision petition.
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2.That in case the petitioner changes his place of
residence, he shall intimate the changed address in
writing to the learned Trial Court as well as to his
counsel appearing before this Court.
3.That in case the sureties change their address(es), the
same shall be intimated in writing to the learned Trial
Court.
(FARJAND ALI),J
72-Pramod/-
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