Allowed

Bikar Singh v. State of Rajasthan

Rajasthan HC11 Aug 2023SOSR/280/2023

Case brief

AI extract

What is this about?

The Rajasthan High Court at Jodhpur, in S.B. Criminal Misc. Application No.280/2023, allowed the suspension of a sentence awarded in a cheque dishonour case. Considering the petitioner was on bail during trial and the revision hearing duration, the court ordered suspension and bail with a bond.

What did the court decide?

The sentence awarded by the trial court is suspended and the petitioner is released on bail with an amount of Rs.50,000/- and other conditions pending disposal of the revision.

Bikar Singh Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Suspension of Sentence Bail Application No.280/2023 In

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S.B. Criminal Revision Petition No. 1009/2023

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Bikar Singh S/o Makhan Singh, Aged About 58 Years, B/c Jat Sikh, R/o Bhanda Colony, Tehsil Anupgarh, District Sriganganagar (Raj.) (At Present Lodged In Sub Jail, Anupgarh)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Jasveer Singh S/o Fuman Singh, B/c Kamboj Sikh, R/o 74 Gb, Tehsil Anupgarh, District Sriganganagar (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Kuldeep Sharma For Respondent(s) : Mr. Annesh Bhurat, P.P.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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11/08/2023

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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 15.11.2014 passed by the learned Additional Chief Judicial Magistrate, Anupgarh, District Sriganganagar in Criminal Regular Case No.100/2014 for the offence under Section 138 of the 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 conclusion of guilt, therefore, the same is required to be

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appreciated again by this court. (The sentence of the accusedpetitioner has already been suspended by the trial 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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Considering the submissions of learned counsel for the parties and looking to the totality of facts and circumstances of the case, more particularly the facts that the accusedpetitioner 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 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 accused-petitioner.

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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 Additional Chief Judicial Magistrate, Anupgarh, District Sriganganagar who passed the impugned order dated 15.11.2014 in Criminal Regular Case No.100/2014 against the petitioner-applicant- Bikar Singh S/o Makhan Singh shall

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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 for his appearance in this court on 11.09.2023 and whenever ordered to do so till the disposal of the revision on the conditions indicated below:-

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That he will appear before the trial Court in the month of January of every year till the appeal is decided.

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

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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 accusedapplicant 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.

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(FARJAND ALI),J

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-Taruna/-

Bikar Singh v. State of Rajasthan

Case brief

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Bikar Singh v. State of Rajasthan

Case brief

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