High CourtsSingle Bench(2010) 01 RAJ CK 0027

Mukta Malhotra vs Sheela Nagorao Gajbhiye

Rajasthan High Court · Decided on 11 January 2010 · Citation: (2010) 4 BC 395 : (2010) 2 Crimes 809 : (2010) 1 WLN 499

HON’BLE JUDGES
K.S. Rathore, J

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Judgment

5 paragraphs · 285 words

K.S. Rathor, J.—Heard learned Counsel for the accused petitioner and carefully gone through the impugned judgments.

2.

learned Counsel for the petitioners submits that the Additional Sessions Judge (Fast Track) No. 7, Jaipur City, Jaipur vide impugned judgment dated 16.12.2009, upheld the judgment dated 24.07.2009 passed by the Additional Chief Judicial Magistrate No. 8, Jaipur City, Jaipur so far as conviction of the petitioner u/s 138 of the Negotiable Instruments Act and sentence of simple imprisonment for three months is concerned, but enhanced the fine amount from Rs. 1,40,000/- to Rs. 1,95,000/-.

3.

Learned Counsel for the petitioner submits that pursuant to the judgment of the trial Court, out of the fine amount of Rs. 1,40,000/-, the petitioner has already deposited Rs. 50,000/-.

4.

Having heard learned Counsel for the petitioner and and looking to the facts and circumstances of the case, this Court deem it proper to suspend the sentence awarded to the accused petitioner till the disposal of the revision petition if the petitioner deposits the amount of Rs. 35,000/- with the trial Court.

5.

Consequently, the present bail application seeking suspension of sentence is allowed and it is, therefore, ordered that in case petitioner Mukta Malhotra W/o Shri Sunil Malhotra deposits the amount of Rs. 35,000/- with the trial Court, then the sentence awarded to the accused-petitioner shall remain suspended during pendency of the revision petition and she be released on bail provided she furnishes a personal bond in the sum of Rs. 30,000/- (Rs. Thirty thousand) with two sureties of Rs. 15,000/- (Rs. fifteen thousand) each to the satisfaction of the trial Court with the stipulation to appear before this Court on 11.02.2010 and thereafter whenever called upon to do so.