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2021 DIGILAW 2215 (RAJ)

Kamal Kumar Meena v. Chandrashekhar

2021-11-24

MANOJ KUMAR VYAS

body2021
ORDER 1. Record of the case has been received. 2. Learned Public Prosecutor is directed to procure the latest custody certificate of the petitioner. List again after four weeks. S.B. Criminal Misc. Application for Interim Suspension of Sentence No.343/2021 : 3. Heard on application for interim suspension of sentence. 4. The petitioner has filed the revision petition along with application for suspension of sentence. 5. This revision petition has been preferred against the judgment dated 07.03.2019 passed by the court of Special Judge, NDPS Cases, Jhalawar (the appellate court) in Criminal Appeal No.63/2018, affirming the order dated 12.07.2018 passed by Additional Chief Judicial Magistrate, Jhalawar (the trial court) in Criminal Case No.l07/2017(old case No.153/2017), by which the petitioner has been convicted for offence/s under Section 138 of the N.I. Act and sentenced to maximum term of two years imprisonment. 6. It has been submitted that the first application for suspension of sentence was decided on 04.04.2019, in which it was directed that as the petitioner was ready to deposit 40% of the compensation amount in the trial court, therefore, he was directed to be released on bail subject to the condition that 40% of the compensation amount be deposited in the trial court and he furnishes bail bonds as directed in the order dated 04.04.2019. 7. Following order was passed :- 8. It is further submitted that the petitioner was on bail during trial as well as during pendency of appeal. He is in custody since 07.03.2019. He has been sentenced to a maximum term of two years. He has already completed substantive sentence of two years. He could not deposit the remaining compensation amount as directed by order dated 04.04.2019, therefore, he was not released on bail in compliance of that order. But now, as he has already served substantive sentence as passed against him by the courts below, it is prayed that his application for interim suspension of sentence may be allowed and he may be released on bail. 9. Heard. 10. But now, as he has already served substantive sentence as passed against him by the courts below, it is prayed that his application for interim suspension of sentence may be allowed and he may be released on bail. 9. Heard. 10. Looking to overall facts and circumstances of the case and particularly to the fact that the petitioner has already served substantive sentence of two years of imprisonment, this application deserves to be allowed and it is ordered that the sentence awarded to accused-petitioner Kamal Kumar Meena S/o Laxminarayan shall remain suspended till further orders and he be released on bail, provided the petitioner furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/-each to the satisfaction of the learned trial Court for his appearance in this Court on 03rd January, 2022 and as and when called upon to do so.