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2025 DAILYLAW 7962 (RAJ)

RAMESHWAR PRASAD JAT SON OF SHRI KALU JAT v. DHARAMRAJ BENIWAL SON OF SHRI BHADUR BENIWAL

SOSR/60/2025 · 2025-05-30

Ganesh Ram Meena

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Second Bail Application (Suspension of Sentence) No.60/2025 In S.B. Criminal Revision Petition No. 2073/2022 Rameshwar Prasad Jat Son Of Shri Kalu Jat, Aged About 64 Years, R/o Village Gopalpura, Tehsil Niwai District Tonk ----Accused/Petitioner Versus 1. Dharamraj Beniwal Son Of Shri Bhadur Beniwal, Aged About 28 Years, R/o Ward No. 19, Neelkanth, Dharm Kante Ke Saamne, Kasba Chaksu Jaipur Rajasthan. 2. State of Rajasthan, through P.P. ----Complainant/Respondent For Petitioner(s) : Mr. Varun Bhardwaj For Respondent(s) : Mr. Amit Punia, Public Prosecutor Mr. Manoj Kumar Sharma for complainant HON'BLE MR. JUSTICE GANESH RAM MEENA Order 30/05/2025 1. This second application for suspension of sentence has been filed by the accused-petitioner seeking suspension of the sentence imposed vide judgment dated 10.12.2018 passed by the learned Metropolitan Magistrate No.34, Chaksu, Jaipur Metropolitan in Criminal Case No.05/2016 and the same has been upheld vide judgment dated 02.11.2022 passed by the learned Additional Sessions Judge No.11, Jaipur Metropolitan-I, Headquarter Sanganer in Criminal Appeal No.48/2022 (100/2020). (2 of 3) [CRLR-2073/2022in60SOSR2025] 2. The accused-petitioner has been convicted for offence punishable under Section 138 of the Negotiable Instruments Act and has been sentenced to undergo one year simple imprisonment and fine of Rs.2,60,000/- (in default of payment of fine) he has to undergo further six months additional simple imprisonment. 3. Learned counsel for the petitioner submits that the accused- petitioner has already completed six months sentence. He further submits that the accused-petitioner is ready to make the payment of fine of Rs.2,60,000/- within a period of four weeks. 4. Having regard to the submissions made by counsel for the petitioner and so also the facts and circumstances of the case and more particularly the fact that hearing of the revision petition may take further time, this Court deems just and proper to suspend the sentence of the accused-petitioner. 5 Accordingly, the application for suspension of sentence is allowed. 6. The sentence of the accused-petitioner is suspended subject to condition that he shall deposit the whole fine amount minus the amount already deposited within a period of four weeks from the date of his release from jail. 7. It is ordered that the sentences passed by learned Metropolitan Magistrate No.34, Chaksu, Jaipur Metropolitan vide order dated 10.12.20218 as affirmed by learned Additional Sessions Judge No.11, Jaipur Metropolitan-I, Headquarer Sanganer in Criminal Appeal No.48/2022 (100/2020) vide order dated 02.11.2022 against the petitioner Rameshwar Prasad Jat S/o Shri Kalu Jat shall remain suspended till final disposal of the (3 of 3) [CRLR-2073/2022in60SOSR2025] 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 before the Registrar Judicial of the Rajasthan High Court on 30.07.2025 and whenever ordered to do so, till the disposal of the revision petition on the conditions indicated below:- 1. That he/she/they will appear before the trial Court in the month of January of every year till the revision is decided. 2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 8. In case, the petitioner fails to deposit the fine amount as observed above within above given time, this order shall seize its effect on completion of four weeks' period and the accused- petitioner has to undergo remaining part of the sentence. (GANESH RAM MEENA),J Ashish Kumar /260