HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 456/2021 Umar Mohammad S/o Allaha Noor, Aged About 35 Years, R/o Lohar Mohalla, Chittorgarh, District Chittorgarh (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan
2. Chandra Shekhar S/o Govind Ram Bilochi, R/o House Number 26 A, Bapu Nagar, Chittorgarh, District Chittorgarh (Rajasthan).
----Respondents For Petitioner(s) : Mr.Rajendra Singh Rathore, Adv.
through VC For Respondent(s) : Ms.Anita Gehlot, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG (VACATION JUDGE) Order 01/06/2021 Heard.
Admit. Issue notice. Call for the record. Learned Public Prosecutor accepts notice on behalf of the respondent-State. Let notice be issued to respondent No.2 only, returnable within six weeks.
Heard learned counsel for the petitioner and learned public prosecutor on Application for Suspension of Sentence No.147/2021.
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 (Downloaded on 01/06/2021 at 08:28:42 PM) (2 of 3) [CRLR-456/2021] suspending the substantive sentence awarded to the accused- petitioner subject to depositing the 50% of the cheque amount.
Accordingly, the application under Section 397(1) Cr.P.C. for suspension of sentence is allowed and it is ordered that the substantive sentence passed by the learned Additional Judicial Magistrate, Chittorgarh vide judgment dated 11.01.2017 in Criminal Case No.143/2013 (55/2011) and affirmed by the learned Additional Sessions Judge No.1, Chittorgarh vide judgment dated 06.03.2021 in Criminal Appeal No.45/2017 against the accused-petitioner Umar Mohammad S/o Allaha Noor shall remain suspended till the final disposal of aforesaid revision subject to depositing 50% of the cheque amount. The petitioner shall be released on bail provided he executes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before this court on 05.07.2021 and whenever ordered to do so till the disposal of the revision on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the petitioner changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.
4. Accused-Petitioner shall deposit 50% of the cheque amount before the trial Court which shall be disbursed to the respondent No.2 on a proper application being filed.
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(3 of 3) [CRLR-456/2021] The learned trial Court shall keep the record of attendance of the accused-petitioner in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- petitioner was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the accused-petitioner does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MANOJ KUMAR GARG) VJ 84-NK/-
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