Hansha Ram vs Basanti Devi

Admit.

Heard learned counsel for the petitioner and the learned

Public Prosecutor on S.B. Suspension of Sentence (Revision) No. 340/2019.

Learned counsel for the petitioner submits that for offence under Section 138 of Negotiable Instruments Act, the petitioner has been sentenced for

a period of one year simple imprisonment, out of which, the petitioner has already undergone sentence for a period of about seven months.

I have considered the rival arguments advanced by the parties and perused the judgments of the courts below. Looking to the facts and

circumstances of the case and the short sentence awarded by the learned trial court, I consider it just and proper to suspend the sentence awarded to

the accused petitioner.

Accordingly, S.B. Suspension of Sentence (Revision) No. 340/2019 filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the

sentence passed by the learned Additional Chief Judicial Magistrate No. 2, Jalore in Criminal Regular Case No. 1058/2013 vide order dated

07.02.2015 as affirmed by the learned Sessions Judge, Jalore vide order dated 04.04.2019 in Cr. Appeal No. 18/2015 (CIS No. 18/2015) against the

petitioner Hansha Ram S/o Shri Amraram, 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 20.04.2020 and whenever ordered to do so, till the disposal of the revision on the conditions indicated below:-

That he will appear before the trial Court in the month of January of every year till the revision is decided.

That if the petitioner 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.

Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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 original case in which the accusedpetitioner 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.