The High Court of Rajasthan suspended the sentence awarded to the petitioner under the NI Act, ordering his release on bail subject to a personal bond and depositing 20% of the awarded amount.
Sentence suspended; petitioner released on bail upon depositing 20% of the amount and furnishing a personal bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
In
S.B. Criminal Revision Petition No. 329/2020
Govind Sharan Chhipa S/o Shri Ram Swaroop Chhipa, R/o Chhipon Ka Mohalla Near Community Centre, Police Station Bagru, Distt. Jaipur Raj. (At Present Confined In Central Jail Jaipur)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Dhoop Singh Poonia For Respondent(s) : Mr. Shyam Prakash Sharma, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
10/06/2020
Heard learned counsel for the parties on the application for suspension of sentence.
Learned counsel for the petitioner submits that the orders passed by the trial Court as well as appellate Court are erroneous and therefore, require interference by this Court.
Learned Public Prosecutor has opposed the application for suspension of sentence.
Taking into consideration overall facts and circumstances of the case and after perusal of the statement made under Section
(2 of 2)
313 Cr.P.C., prima facie, I am satisfied that the sentence awarded by the trial Court deserves to be suspended subject to depositing 20% of the amount by the petitioner in the concerned Court.
Accordingly, application for suspension of sentence is allowed and it is ordered that sentence awarded vide order dated 8.2.2018 by the Special Metropolitan Magistrate (N.I. Act Cases) No.17, Jaipur Metropolitan, Jaipur, to accused-petitioner namely, Govind Sharan Chhipa S/o Shri Ram Swaroop Chhipa in Criminal Case No.1857/2013 (4936/2015) shall remain suspended during pendency of the petition and he be released on bail, provided he furnishes a personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the learned trial Court with the stipulation that he shall appear before this court on 9.7.2020 and as and when called upon to do so.
(SANJEEV PRAKASH SHARMA),J
SUNIL SOLANKI /19/44
1 issue framed by the court
Whether the sentence awarded by the trial Court deserves to be suspended under the facts and circumstances of the case.
1 provisions across 1 enactments
Govind Sharan Chhipa
State Of Rajasthan
Govind Narayan Chhipa
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
