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2017 DIGILAW 1089 (RAJ)

MANOJ CHANDAK v. STATE OF RAJASTHAN

2017-04-26

DEEPAK MAHESHWARI

body2017
ORDER : Deepak Maheshwari, J. Issue notice to the complainant respondent No. 2. Rule is made returnable within a period of three weeks. 2. Heard learned counsel for the petitioner as also learned Public Prosecutor and also perused the judgments impugned passed by learned trial court on 05.07.2016 as also judgment passed by learned lower appellate court on 15.03.2017 whereby the petitioner has been convicted for the offences under section 138 of N.I. Act and has been awarded sentence of one year simple imprisonment and directed him to pay Rs. 5,00000/- to the complainant as compensation. 3. Learned counsel for the petitioner submits that the petitioner has surrendered before the trial Court and he is ready and willing to deposit the amount of Rs. 5,00000/- in favour of the complainant. 4. Having considered various legal issues raised by learned counsel for the petitioner, this court is convinced that the issues worth consideration have been raised by learned counsel for the petitioner which require to be considered while deciding the revision petition. This may take certain time for disposing of the revision petition. The petitioner is stated to be in custody since 24th April, 2017 and he was on bail during trial, this court is inclined to suspend the sentence awarded to the petitioner subject to the condition that the accused petitioner will deposit the amount of Rs. 5,00000/- before the trial court within three days from today. 5. However, complainant will be at liberty to withdraw the amount deposited by the accused petitioner before the trial Court while giving an undertaking that in case the accused petitioner succeeds in the revision then he will repay back the amount to the accused petitioner within a period of one month positively. 6. It is made clear that in case, the accused/petitioner fails to deposit the amount of Rs. 5,00,000/- with the learned trial Court within the stipulated period of three days then, this order, granting suspension of sentence, will automatically stand revoked. 7. Accordingly, the application seeking suspension of sentence is allowed. 6. It is made clear that in case, the accused/petitioner fails to deposit the amount of Rs. 5,00,000/- with the learned trial Court within the stipulated period of three days then, this order, granting suspension of sentence, will automatically stand revoked. 7. Accordingly, the application seeking suspension of sentence is allowed. It is ordered that the sentence passed by learned Additional Chief Judicial Magistrate (P.C.P.N.D.T. Cases) Jaipur Metropolitan in Criminal Case No.103/2016 on 05.7.2016 and confirmed by the learned Additional Sessions Judge No.13, Jaipur Metropolitan in Criminal Appeal No.34/2016 vide judgment dated 15.03.2017 against the petitioner Manoj Chandak S/o Shri Ramesh Kumar shall remain suspended till final disposal of the aforesaid criminal revision petition and he be released on bail provided he furnishes a personal bond of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the learned trial court for his appearance before the trial court on 29.05.2017 and subsequently before the Deputy Registrar (Judicial) of this court in the month of January every year till disposal of the revision petition on the following conditions:- 1. That he will appear before the trial court in the month of January every year till the revision petition is decided. 2. That if the petitioner changes the place of residence, he will give the changed address in writing to the trial court, High Court as well as to his counsel in the High Court. 3. Similarly if sureties change their addresses, they will give in writing their changed address to the trial court. 8. The learned trial court shall keep the record of attendance of the accused petitioner in a separate file. Such file be registered as Criminal Misc. Case related to the Criminal Case in which the accused appellant 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 petitioner does not appear before the trial court, the learned trial judge shall report the matter to the High Court for cancellation of bail.