IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. (Suspension of Sentence) Application No.3/2010 In S.B. Criminal Revision Petition No.12/2010 Date of Order ::: 15.09.2010 Present Hon'ble Mr. Justice Mohammad Rafiq None present for petitioner Shri Hari Kishan Sharma, Representative of the PP Office #### By the Court:-
This application bearing Inward No.8018 dated 11.08.2010 has been filed by the petitioner, who is aged 52 years, inter alia on the premise that the learned Additional Chief Judicial Magistrate No.8, Jaipur City, Jaipur, vide judgment dated 24.07.2009 convicted her for offence under Section 138 of the Negotiable Instruments Act and sentenced her to undergo simple imprisonment of three months and also imposed penalty of Rs.1,40,000/-; with the stipulation that in case of default in payment of fine, she shall have to further undergo one month’s simple imprisonment.
The accused-petitioner filed appeal against the aforesaid judgment and the complainant also filed appeal for enhancement of sentence. The appellate court, vide its judgment 16.12.2009 dismissed the appeal of the accused-petitioner whereas the appeal filed by the complainant was allowed and fine was enhanced from Rs.1,40,000/- to Rs.1,95,000/- with the stipulation that in case the accused petitioner fails to deposit the amount of fine then instead of one month’s SI, she shall have to further undergo simple imprisonment of four months.
When the petitioner filed the present revision petition accompanied by application for suspension of sentence, this court vide order dated 11.01.2010 directed that in case the petitioner deposits a sum of Rs.35,000/- then the sentence awarded to the petitioner shall remain suspended during pendency of the revision petition, and she be released on bail on her furnishing personal bail bonds in the sum of Rs.30,000/- with two sureties each in the sum of Rs.15000/-.
The petitioner has now filed this application with the prayer that she is facing financial crisis and therefore unable to deposit the amount of Rs.35,000/- and that she has already served more than 7 months sentence, the initial part of three months sentence having been completed, she has also served out the latter part of three months sentence.
It is contended that the petitioner has already served more than 7 months imprisonment. She should not be detained in jail any further and that two sentence be ordered to run concurrently.
Neither the Public Prosecutor nor the counsel for the complainant is present to oppose the application. However, keeping in view the fact that the petitioner has already served the sentence of more than 7 months, it would be unjust and unreasonable to now continue to detain her in jail.
It is therefore ordered that the petitioner be immediately released on bail on her furnishing bail bonds of Rs.30,000/- with two sureties each in the sum of Rs.15,000/-, particularly when she has already served out the maximum sentence awarded individually in each of the case, without insisting upon depositing of the amount as per the earlier order of this Court.
A copy of this order be immediately sent to the concerned court and the Superintendent of the Central Jail, Jaipur.
The application is accordingly allowed.
(Mohammad Rafiq) J.
//Jaiman/