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2016 Supreme(Raj) 670
IN THE HIGH COURT OF RAJASTHAN
Pankaj Bhandari, J.
Suresh Kumar Saini - Petitioner
Versus
State of Rajasthan & Anr. – Respondents
Criminal Misc. Bail Application (SOS) No. 170 of 2016 In Criminal Revision Petition No. 437 of 2016
Decided On : 04-05-2016
For the Accused-Applicant :N.K. Rastogi, Advocate.
For the Respondent/State: R.K. Bohra, P.P.
The court has the discretion to suspend the sentence and grant bail based on the circumstances presented, such as the alleged theft of the cheque and the time consumption for the disposal of the revision petition.
Headnote:
Cheque - Bail Suspension - The court suspended the sentence awarded to the accused petitioner-applicant, allowing him to be released on bail due to the argument that the cheque in question was stolen by the brother of the complainant.
Fact of the Case:
The accused applicant-petitioner argued that the cheque in question was stolen by the brother of the complainant, for which an FIR was also lodged by the accused-petitioner. The court deemed it just and proper to suspend the sentence awarded to the accused petitioner-applicant.
Finding of the Court:
The court allowed the application for suspension of sentence and directed the accused petitioner applicant to be released on bail, subject to certain conditions.
Issues: The issue revolved around the suspension of the sentence and the release of the accused petitioner-applicant on bail.
Ratio Decidendi: The court considered the argument that the cheque in question was stolen by the brother of the complainant and the fact that disposal of the revision petition would consume time, leading to the decision to suspend the sentence and grant bail.
Final Decision: The application for suspension of sentence was allowed, and the accused petitioner applicant was directed to be released on bail, subject to specified conditions.
Pankaj Bhandari, J.
Heard the learned counsel for the accused applicant-petitioner and the learned Public Prosecutor for the State.
2. Counsel for the accused applicant-petitioner has argued that the cheque in question was stolen by the brother of the complainant, for which an FIR was also lodged by the accused-petitioner.
3. Taking note of the above fact and also the fact that disposal of the revision petition would consume time, I deem it just and proper to suspend the sentence awarded to the accused petitioner-applicant.
4. Accordingly, this application for suspension of sentence is allowed. It is directed that the accused petitioner applicant Suresh Kumar Saini s/o Sh.Bhagwana Ram shall be released on bail, provided he furnishes 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 before the Deputy Registrar (Judicial) of this Court on 15.07.2016 and whenever ordered to do so, till the disposal of the revision 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 applicants 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, they will give in writing their changed address to the trial Court.
5. In case the said accused applicants does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
