KANTI LAL Vs. YOGESH JOSHI

JUDGEMENT

(1.) Issue notice to respondent No.1 only as the learned Public Prosecutor accepts notice on behalf of respondent No.2-State.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor on application of suspension of sentence No.100/2022. Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-petitioner.

(3.) Accordingly, the application for suspension of sentence filed under Sec. 397/401 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Judicial Magistrate, Banswara in Regular Criminal Case No.464/2019 (CIS No.383/2019) (Yogesh Vs. Kanti Lal) vide order dtd. 10/8/2021 as affirmed by the learned Sessions Judge, Banswara vide order dtd. 24/3/2022 in Criminal Appeal No.82/2021 against the petitioner-applicant Kanti Lal S/o Shri Panna Lal, shall remain suspended, till final disposal of the aforesaid revision and he shall be released on bail, provided the petitioner deposits 50% of the cheque amount before the learned trial Court which shall be disbursed to the respondent No.1 and also executes a personal bond in the sum of Rs.1,00,000.00 with two sureties of Rs.50,000.00 each to the satisfaction of the learned trial Judge for his appearance in this court on 27/6/2022 and whenever ordered to do so till the disposal of the revision on the conditions indicated below:-