DEEWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 CrPC is filed by the petitioner being aggrieved with the order dated 16.05.2017 passed by the Sessions Judge, Bikaner (for short 'the appellate court' hereinafter) in Cr. Appeal No.84/2017, Deewan Singh vs. State, whereby the appellate court has suspended the sentence of the petitioner passed by the trial court subject to the condition that the petitioner shall deposit an amount of Rs.8,00,000/- within a period of one month before the trial court and shall also furnish a personal bond in the sum of Rs.1,00,000/- along with two surety bonds in the sum of Rs.50,000/- each.

(2.) Brief facts of the case are that proceedings under Section 138 of the N.I. Act were initiated against the petitioner at the instance of respondent No.2 before the trial court. After full fledged trial, the trial court vide judgment dated 27.04.2017 held the petitioner guilty and convicted him for the offence punishable under Section 138 of the N.I. Act and sentenced him to undergo 2 years' simple imprisonment and to pay a fine of Rs.39,50,000/-.

(3.) Being aggrieved with the same, the petitioner preferred an appeal under Section 389 CrPC before the appellate court and along with the said appeal, the petitioner also filed an application for suspension of sentence. The appellate court, vide impugned order dated 16.05.2017, has allowed the application for suspension of sentence of the petitioner subject to the condition that the petitioner shall deposit an amount of Rs.8,00,000/- within a period of one month and shall also furnish a personal bond in the sum of Rs.1,00,000/- along with two surety bonds in the sum of Rs.50,000/- each. Being aggrieved with the same, the petitioner has preferred this criminal misc. petition.