Allowed

Akhtar Ali S/O Dayam Khan v. State of Rajasthan

Rajasthan HC2 Mar 2022SOSA/203/2022

Case brief

AI extract

What is this about?

The High Court allowed a suspension of sentence application filed by a petitioner convicted under Section 138 N.I. Act. The sentence of simple imprisonment and fine was suspended pending final disposal of the petition, subject to execution of a personal bond and two sureties.

What did the court decide?

Suspension of sentence of six months simple imprisonment and fine, pending disposal, subject to bond of Rs. 1,00,000/ and two sureties.

Akhtar Ali S/O Dayam Khan Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B.Criminal Misc. Bail(SOSA)Application NO.203/2022

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S.B. Criminal Revision Petition No. 711/2022

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Sohil Choudhary Khan Son Of Shabuddin Khan, Resident Of Mohalla Hathiwan, Dusehra Road, Teliya, Khoti, Tehsil And District Dholpur, (Rajasthan) Presently Confined In District Jail, Dholpur

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----Petitioner

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Versus

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Surendra Kumar Son Of Ram Charan Lal, Resident Of Dhoolkot, Tehsil And District Jaipur (Rajasthan)

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----Respondent

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For Petitioner(s) : Mr. Dheeraj Singhal For Respondent(s) :

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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25/05/2022

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Heard learned counsel for the accused-petitioner on the application filed for suspension of sentence.

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Learned counsel for the accused-petitioner submits that the petitioner has been convicted and sentenced with six montsh simple imprisonment and fine of Rs. 80,000/- by learned ACJM, Dholpur, District Dholpur in Criminal Regular Case No.3433/2019 vide order dated 7.12.2021 for the offence under Section 138 N.I. Act. He preferred an appeal and learned appellate court vide judgment dated 19.5.2022, while maintaining the conviction and upholding the term of sentence, modified the amount of fine. The

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(2 of 2)

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[SOSA-203/2022]

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petitioner was directed to pay Rs.50,000/- as fine as opposed to Rs.80,000/-.

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Perused the material available on record and looking to the short term of sentence and the overall circumstances of the case and without commenting on merits and demerits of the case, I deem it appropriate to allow the application for suspension of sentence u/s 397 Cr.PC.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence passed by learned trial court vide order dated 07.12.2021 and modified by the learned Appellate Court vide order dated 19.5.2022 against the accusedpetitioner- Sohil Choudhary Khan Son Of Shabuddin Khan , shall remain suspended till final disposal of present petition; provided he executes a personal bond in the sum of Rs. 1,00,000/- along with two sureties of Rs.50,000 each to the satisfaction of the trial court for his appearance in this court. After his release, he shall appear initially before the Registrar Judicial on 22^nd July, 2022 and as and when called upon to do so.

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(FARJAND ALI),J

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Anu /196

Akhtar Ali S/O Dayam Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Akhtar Ali S/O Dayam Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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