Gopal Lal Agarwal vs State Of Rajasthan

Farjand Ali, J

The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 13.09.2021 passed by the learned Judicial Magistrate, No.2, District- Udaipur in Criminal original Case No.1076/2012 whereby he was convicted and sentenced to suffer maximum punishment of three years simple imprisonment along with fine of Rs.5,000/-under Section 471 of IPC as well as Section 474 of IPC.

Shri Prakhar Agrawal, son of the petitioner, is present in person along with his counsel Shri Shreekant Verma. Learned counsel for the petitioner submits that the possession of the shop in question which was let out to the petitioner and for which the rent note was allegedly fabricated by him, has been vacated and possession of which has been handed over to the landlord who is the complainant of this case. A copy of the receipt of the possession dated 27.08.2023 has been shown to this Court and the same be placed on record. It is further contended that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this Court. Hearing of the revision petition is likely to take long time, therefore, the application for suspension of sentence may be granted.

Per contra, learned Public Prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the petitioner on application for suspension of sentence.

Heard learned counsel for the parties and perused the material available on record.

Upon consideration of the submissions of learned counsel for the parties and looking to the totality of facts and circumstances of the case, more particularly the fact that hearing of revision petition is likely to take further more time and considering the overall submissions while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the petition, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-petitioner.

Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Judicial Magistrate, No.2, District- Udaipur in Criminal original Case No.1076/2012 against the petitioner-applicant- Gopal Lal Agarwal S/o Bhanwarlal Agarwal shall remain suspended till final disposal of the aforesaid revision petition and he shall be released on bail provided each executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 29.09.2023 and whenever ordered to do so till the disposal of the revision petition on the conditions indicated below:-

That he will appear before the trial Court in the month of January of every year till the revision is decided.

That if the applicant change the place of residence, he will give in writing his changed addresses to the trial Court as well as to the counsel in the High Court.

Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.