Ladu S/O Shri Mahadev Vs Bundi Tractors Sales and Services

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Bail Application (Suspension of Sentence) No. 9/2025

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In

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S.B. Criminal Revision Petition No. 66/2025

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Ladu S/o Shri Mahadev, Aged About 47 Years, R/o Bagheda Tehsil Nainwa District Bundi Rajasthan.

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----Accused-Applicant

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Versus

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Bundi Tractors Sales And Services, Near Circuit House Bundi, Through Proprietor Baldev Singh S/o Shravan Singh, R/o 41, 42 New Colony, Bundi Rajasthan.

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----Complainant-Respondent

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For Petitioner(s) : Mr. Sudarshan Kumar Laddha, Adv. For Respondent(s) : -

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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11/02/2025

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The present application for suspension of sentence has been filed by the accused-applicant under Section 438 read with Section 442 of B.N.S.S. challenging the order dated 20.12.2024 passed by learned Additional District & Sessions Judge, Bundi, Rajasthan (hereinafter referred to as the 'Appellate Court') in Criminal Appeal No.58/2022 titled as Ladu Vs. Bundi Tractors Sales and Services, whereby, learned Appellate Court while dismissing the appeal filed on behalf of the accused-applicant has upheld the order dated 04.04.2022 passed by Judicial Magistrate No.1, Bundi, Rajasthan in Regular Criminal Case No.518/2013 titled as Bundi Tractors Sales and Services Vs. Ladu by which the accused-applicant was

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[CRLR-66/2025]

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(2 of 3)

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convicted for the offence punishable under Section 138 of the N.I. Act and has been sentenced to two months simple imprisonment with a fine of Rs.2,10,230/- and in default of payment of fine, he has to further undergo fifteen days simple imprisonment.

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Feeling aggrieved of the orders dated 20.12.2024 and 04.04.2022, the present application for suspension of sentence has been filed by the accused-applicant. 3. Learned counsel for the accused-applicant submitted that the accused-applicant has been sentenced to two months simple imprisonment with a fine of Rs.2,10,230/- and in default of payment of fine, he has to further undergo fifteen days simple imprisonment. The accused-applicant is behind the bars since 27.01.2025 and the decision of present petition is likely to take time. Learned counsel also submitted that the accused-applicant was on bail during trial. Learned counsel for the accused-applicant prayed that the present application filed on behalf of the accusedapplicant be allowed and his sentence be suspended till disposal of the petition.

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Heard learned counsel for the accused-applicant and perused the material available on record.

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Considering the facts and circumstances of the case and considering the fact that the accused-applicant is in judicial custody since 27.01.2025 as well as the fact that the decision of the present petition is likely to take time, but without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the accused-applicant.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded vide orders

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[CRLR-66/2025]

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(3 of 3)

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dated 20.12.2024 and 04.04.2022 to the accused-applicant namely, Ladu S/o Shri Mahadev in the matter shall remain suspended during the pendency of petition, provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned trial Court with the stipulation that he shall appear before this court on 06.03.2025 and thereafter as and when called upon to do so.

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(ASHUTOSH KUMAR),J

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Mohita /18

Ladu S/O Shri Mahadev v. Bundi Tractors Sales and Services

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Ladu S/O Shri Mahadev v. Bundi Tractors Sales and Services

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