Allowed

Mahesh Chandra v. Babulal

Rajasthan HC18 May 2023SOSR/38/2023

Case brief

AI extract

What is this about?

The High Court allowed a suspension of sentence application. The court held it a fit case to suspend the one-year imprisonment and fine pending the disposal of a criminal revision petition, considering the petitioner deposited half the fine and was previously on bail.

What did the court decide?

The sentence was suspended pending the disposal of the revision petition; the petitioner was granted bail and directed to appear in January annually.

Mahesh Chandra Vs Babulal — 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 Application

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No.38/2023

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S.B. Criminal Revision Petition No. 168/2023

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Mahesh Chandra S/o Mohanlal Barbar, Aged About 52 Years, R/o 195-C Care Center, Otc Khushboo Beauty Parlor Skin And Hair, B - Block Sajjannagar (Amar Nagar) Mallatalai, Udaipur (Rajasthan) (Presently Lodged In Central Jail Udaipur).

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----Petitioner

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Versus

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Babulal S/o Meghraj Bumbdiya, R/o Kotra Jail Ke Samne Kotra, District Udaipur (Rajasthan)

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State Of Rajasthan, Through Pp

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----Respondents

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For Petitioner(s) : Mr. Rajendra Singh Rathore For Respondent(s) : Mr. A.R. Coudhary, P.P. Ms. Deepika Purohit

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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18/05/2023

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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 04.09.2021 passed by the learned Judicial Magistrate, First Class, Kotra, District Udaipur in Criminal Case No.15/2006, whereby he was convicted and sentenced to suffer simple imprisonment of 1 year for the offence 138 of the N.I. Act alongwith a fine of Rs.1,90,000/-.

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(2 of 3)

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Learned counsel for the petitioner submits that the learned trial court as well as the learned appellate court has committed an error of law in appreciating the evidence brought on record, therefore, the material would be required to be appreciated again. The petitioner has already deposited an amount of Rs.47,500/-, i.e. half of the cheque amount, with the trial court. He was on bail during trial and during the course of appeal. Presently he is in judicial custody. Hearing of the revision petition would likely take long time, therefore, he may be released on bail by suspending his sentence.

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Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant and perused the material available on record.

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Upon consideration of the grounds raised in the memo of the revision, looking to the totality of facts and circumstances of the case, more particularly the facts that the petitioner has already deposited a sum of Rs.47,500/-, i.e. half of the cheque amount, with the trial court; he has an arguable case; he was on bail during the course of trial and appeal and the hearing of revision is likely to take further more time, 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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(3 of 3)

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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 Judicial Magistrate, First Class, Kotra, District Udaipur in Criminal Case No.15/2006 against the petitioner-applicant Mahesh Chandra S/o Mohanlal Barbar 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 for his appearance in this court on 19.06.2023 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 address(s), they will give in writing their changed address to the trial Court.

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The learned trial court shall disburse the amount of

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Rs.47,500/- deposited by the petitioner to the respondentcomplainant.

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(FARJAND ALI),J

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329-Pramod/-

Mahesh Chandra v. Babulal

Case brief

What is this about?

What did the court decide?

Mahesh Chandra v. Babulal

Case brief

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