Allowed

Shankar Lal v. Vishnu

Rajasthan HC7 Oct 2023SOSR/256/2023

Case brief

AI extract

What is this about?

The Rajasthan High Court at Jodhpur allowed an application for suspension of sentence in a cheating case under the NI Act. Considering the petitioner's indigent status and long incarceration, the court suspended the sentence pending a revision appeal and granted bail subject to conditions.

What did the court decide?

Sentence suspended till final disposal of revision; bail granted with Rs.1 lakh bond and two sureties of Rs.50,000 each.

Shankar Lal Vs Vishnu — Cheque Dishonour | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Criminal Misc. Suspension of Sentence Bail Application

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No.256/2023

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S.B. Criminal Revision Petition No. 946/2023

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Shankar Lal S/o Naru Ram, Aged About 55 Years, Sanganer Road, Near Grid, Bhilwara, Dist. Bhilwara. (At Present Lodged In Dist. Jail, Bhilwara).

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----Petitioner

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Versus

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Vishnu S/o Prahlad Rai, Nala Bazaar, Behind Bade Mandir, Bhilwara.

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----Respondent

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For Petitioner(s) : Mr. B.S. Charan For Respondent(s) : Mr. Gaurav Singh, P.P.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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07/10/2023

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The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 27.10.2021 passed by the learned Special Judicial Magistrate, NI Act Cases No.01, Bhilwara in Criminal Regular Case No.1724/2015 whereby he was convicted and sentenced to suffer imprisonment of one year’s simple simple imprisonment along with compensation to the tune of Rs.19,50,000 under Section 138 of NI Act.

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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

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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.

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Per contra, learned public prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the petitioner on application for suspension of sentence.

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Heard learned counsel for the parties and perused the material available on record.

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It is argued that the petitioner is an indigent person and owing to his financial condition, he is behind the bars since 28.07.2022 and is serving sentence awarded to him vide order dated 27.10.22021 passed by the learned Special Judicial Magistrate, NI Act Cases No.01, Bhilwara in Criminal Regular Case No.1724/2015.

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The contention raised by Shri Bhushan Singh Charan, learned counsel for the petitioner, seems to be worth considerable that the petitioner is an indigent person and has no sufficient means to discharge the liability, thus, considering the object of the NI Act, a prosecution under NI Act and looking to the long incarceration suffered by the petitioner and more particularly the facts that the accused-petitioner was on bail during the course of trial and the hearing of revision is likely to take further more time and considering the overall submissions while refraining from passing any comments on the niceties of the matter and the

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defects of the prosecution as the same may put an adverse effect on hearing of the revision, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accusedpetitioner.

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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 Special Judicial Magistrate, NI Act Cases No.01, Bhilwara who passed the impugned order dated 27.10.2021 in Criminal Regular Case No.1724/2015 against the petitioner-applicant- Shankar Lal S/o Naru Ram 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.1,00,000/-with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 07.11.2023 and whenever ordered to do so till the disposal of the revision 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.

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(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

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(FARJAND ALI),J

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89-Taruna/-

Shankar Lal v. Vishnu

Case brief

What is this about?

What did the court decide?

Shankar Lal v. Vishnu

Case brief

What is this about?

What did the court decide?

What the court decided

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