Girwar Raj vs Ajay Singh
2026 Latest Caselaw 1125 Raj

Citation : 2026 Latest Caselaw 1125 Raj
Judgement Date : 23 January, 2026

[Cites 3, Cited by 0]

Rajasthan High Court - Jodhpur

Girwar Raj vs Ajay Singh on 23 January, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:4334]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR

       S.B. Criminal Misc Suspension of Sentence Application
                           No.342/2025
                                  IN
            S.B. Criminal Revision Petition No. 1462/2025

Girwar Raj S/o Takhtraj, Aged About 79 Years, 2-K-34 First
Puliya, C.h.b Housing Board, Jodhpur
                                                                  ----Petitioner
                                    Versus
Ajay Singh S/o Poonamm Singh Chouhan, Sarveshwar Mahodav
Mandir, Soothla, Jodhpur
                                                                ----Respondent


For Petitioner(s)        :     Mr. MA Siddiqui
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 against the judgment dated

04.09.2025 passed by the learned Additional Sessions Judge

NO.03, Jodhpur Metropolitan in Criminal Appeal No.97/2019,

whereby the judgment dated 22.01.2019 passed by the learned

Special Metropolitan Magistrate (NI Act Cases) No.06, Jodhpur

Metropolitan in Criminal Case No.43/2016 convicting the petitioner

for the offence under Section 138 of the NI Act and sentencing

him to undergo simple imprisonment of six months' alongwith a

fine of Rs.3,50,000/- in default of payment of fine to undergo

addition simple imprisonment for two months was upheld.

2. Learned counsel for the petitioner submits that according to

judgment passed by a coordinate Bench of this Court in the case

(Uploaded on 27/01/2026 at 11:10:25 AM)

[2026:RJ-JD:4334] (2 of 3)

of Vishnu Teli Vs. State of Rajasthan & Ors. [S.B. Criminal

Revision Petition No.1734/2009 decided on 25.11.2010] such

surrendering is not a condition precedent. The petitioner offers

paying the cheque amount to the complainant respondent. 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 appreciated again by this

court. He was on bail during trial and did not misuse the liberty so

granted to him; hearing of the revision is likely to take long time,

therefore, the application for suspension of sentence may be

granted.

3. Heard learned counsel for the parties and perused the

material available on record.

4. Having considered the submissions advanced by learned

counsel for the parties and upon examining the totality of the facts

and circumstances of the case, particularly the fact that the co-

accused has already been enlarged on bail, that the appellant is

presently not in custody, and that the accused-petitioner remained

on bail during the course of trial, and further considering that the

hearing of the revision petition is likely to take considerable time,

this Court, while refraining from making any observations on the

merits of the case or the alleged defects in the prosecution case

so as not to prejudice the hearing of the revision, is of the

considered opinion that this is a fit case for suspension of the

sentence awarded to the accused-petitioner.

(Uploaded on 27/01/2026 at 11:10:25 AM)

[2026:RJ-JD:4334] (3 of 3)

5. Accordingly, the application for suspension of sentence filed

under Section 397/401 Cr.P.C. is allowed. The petitioner is not in

custody and he need not surrender back. 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 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.