MANJU SHARMA Vs. LIYAKAT ALI

JUDGEMENT

(1.) Heard learned counsel for the petitioner-applicant on the application for suspension of sentence. Petitioner-applicant Manju Sharma w/o Ram Manohar Sharma was convicted by the learned Additional Sessions Judge (Fast Track) No. 2, Kota for offence under Section 138 of Negotiable Instruments Act in Criminal Appeal No. 28/2009 and the maximum sentence imposed upon her is six months' simple imprisonment along with fine of Rs. 30,000/-. Against this order of conviction and order of sentence, the petitioner-applicant has filed the above mentioned revision petition. Learned counsel for the petitioner-applicant submits that petitioner-applicant has already deposited a sum of Rs. 15,000/- at the stage of filing petition. It is stated that petitioner-applicant is behind the bars for last one month and is otherwise ready to pay further amount of Rs. 8,000/-, if her sentence is suspended. Learned Public Prosecutor though has opposed this application for suspension of execution of sentence. Having considered submissions made at the Bar and in view of fixed term short sentence and also the fact that hearing of petition is likely to take quite some time, I deem it just and proper to suspend execution of sentence imposed against the petitioner-applicant. Consequently, this application is allowed and it is ordered that execution of the sentence imposed against the petitioner-applicant Manju Sharma w/o Ram Manohar Sharma by the trial court shall remain suspended provided she furnishes a personal bond in the sum of Rs. 25,000/- (Rupees twenty five thousand only) together with one surety in the like sum to the satisfaction of the learned trial court for her appearance in this Court on 23.04.2010 and whenever called upon to do so. It is made clear that petitioner-applicant will deposit a sum of Rs. 8,000 within a period of one month from today. In case of default, this order will stand cancelled automatically without reference to this Court.