Akbar Mohammad vs Gangadhar Sharam (2026:Rj-Jd:4578)
2026 Latest Caselaw 1124 Raj

Citation : 2026 Latest Caselaw 1124 Raj
Judgement Date : 23 January, 2026

[Cites 3, Cited by 0]

Rajasthan High Court - Jodhpur

Akbar Mohammad vs Gangadhar Sharam (2026:Rj-Jd:4578) on 23 January, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:4578]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
        S.B. Suspension Of Sentence(Revision) No. 363/2025

Akbar Mohammad S/o Rustam Mansoori, Aged About 50 Years,
Resident     Of     Negadiya      Road,      Asind,       Tehsil   Asind,   District
Bhilwara, Rajasthan. (At Present Lodged In District Jail Bhilwara)
                                                                     ----Petitioner
                                      Versus
Gangadhar Sharam S/o Ram Prasad Sharma, Resident Of
Brahamano Ka Mohalla, Asind, Tehsil Asind, District Bhilwara.
                                                                   ----Respondent


For Petitioner(s)           :     Mr. BS Charan
For Respondent(s)           :     -



                HON'BLE MR. JUSTICE FARJAND ALI

Order

23/01/2026

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

06.10.2022 passed by the learned JM, Asind, Bhilwara in Criminal

Regular Case No.108/2019 whereby he was convicted and

sentenced to suffer two months' simple imprisonment along with a

compensation to the tune of Rs.15,00,000/- under Section 138 of

NI Act.

2. It is contended on behalf of the applicant that the learned

trial Court as well as appellate Court have not appreciated the

correct, legal and factual aspects of the matter and thus, reached

at an erroneous conclusion of guilt. Hearing of the revision is likely

to take long time, therefore, the application for suspension of

sentence may be granted.

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3. Heard learned counsel for the petitioner and perused the

material available on record.

4. The petitioner has been in custody since 16.06.2025.

Considering the submissions advanced by learned counsel for the

parties and having regard to the totality of the facts and

circumstances of the case, particularly the prolonged period of

custody undergone by the petitioner and the contentious issues

involved, coupled with the fact that the hearing of the revision is

likely to take considerable time, and without expressing any

opinion on the merits of the case or the alleged defects in the

prosecution case, as the same may adversely affect the final

hearing of the revision, this Court is of the considered opinion that

it is a fit case for suspending the sentence awarded to the

accused-petitioner.

5. 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 JM, Asind, Bhilwara who passed the

impugned order 06.10.2022 in Criminal Regular Case

No.108/2019 against the petitioner-applicant- Akbar Mohammad

S/o Rustam Mansoori 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 and whenever ordered to do so till the disposal of the

appeal on the conditions indicated below:-

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(1) That he will appear before the trial Court in the month of January of every year till the appeal 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.

6. The learned trial Court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant 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 applicant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(FARJAND ALI),J 190-divya/-

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