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FARJAND ALI
Baldev Singh – Appellant
Versus
Meva Singh – Respondent
ORDER :
Farjand Ali, J.
The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 12.08.2016 passed by the learned Additional Chief Judicial Magistrate, Padampur, District Sri Ganganagar in Criminal Case No.489/2011, whereby he was convicted and sentenced to suffer imprisonment of one years for the offence under section 138 of the NI Act with a fine of Rs.3,15,000/- and the judgment dated 16.02.2023 passed by the learned Additional Sessions Judge, Sri Karanpur, District Sri Ganganagar dismissing the appeal preferred against the aforesaid judgment.
2. Learned counsel for the petitioner submits that the learned trial court as well as the learned appellate court has committed an error of law in appreciating the evidence brought on record, therefore, the material would be required to be appreciated again. The petitioner willing to pay an amount of Rs.57,000/- out of the total cheque amount of Rs.1,57,500/- with the trial court at the time of furnishing the bail bonds. The petitioner was on bail during trial and during the course of appeal. Presently he is in judicial custody. He is 75 years old and ailing with several dise
The court has the discretion to suspend the sentence under Section 397(1) Cr.P.C. based on the totality of facts and circumstances of the case.
The court may suspend a sentence if justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
The court may suspend a substantive sentence pending appeal if the accused was on bail during trial, subject to conditions.
The court may suspend a substantive sentence if there is no imminent hearing date for the revision, subject to specific bail conditions.
The court may suspend a substantive sentence if there are no immediate prospects for hearing a revision, subject to specific bail conditions.
The court may suspend a substantive sentence and grant bail if there is no imminent hearing for the revision application, ensuring fair treatment of the accused.
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