HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Suspension Of Sentence(Revision) No. 151/2021 Jayanti Lal S/o Vaksi Parmar Meena, Aged About 39 Years, B/c Adivasi, R/o Naya Gaon Police Thana Dovda Distt. Dungarpur (At Present In Central Jail Jodhpur).
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent For Petitioner(s) : Mr. Jitendra Ojha, Adv. through VC For Respondent(s) : Mr. Mool Singh Bhati, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG (VACATION JUDGE) Judgment / Order 02/06/2021 Heard on application for suspension of sentence. Counsel for the petitioner submits that earlier this Court suspended the sentence of the petitioner vide order dated 03.05.2019 and directed the petitioner to appear before the Court for his attendance on 03.06.2019, but the petitioner failed to appear on the given date and therefore, this Court issued arrest warrant against the petitioner on 04.03.2021 and in compliance of the arrest warrant, the petitioner was arrested by the Police on 02.05.2021 and produced before this Court on 03.05.2021 and this Court sent the petitioner in Jail, therefore the petitioner is filing the present application for suspension of sentence.
Learned Public Prosecutor has opposed the application for suspension of sentence.
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(2 of 3) [SOSR-151/2021] 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 suspending the substantive 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 substantive sentences passed by the learned Judicial Magistrate, Aaspur, District Dungarpur in Criminal Original Case No.49/2010 vide order dated 09.10.2017 as affirmed by the learned Additional Sessions Judge, Sagwada, District Dungarpur, vide order dated 04.04.2019 in Cr. Appeal No.32A/2016 against the petitioner- applicant Jayanti Lal S/o Vaksi Parmar Meena shall remain suspended, till final disposal of the aforesaid revision and he shall be released on bail provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the Registrar (Judicial) of this Court for his appearance in this court on 12.07.2021 and whenever ordered to do so till the disposal of the revision on the conditions indicated below:-
1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered (Downloaded on 04/06/2021 at 08:15:10 PM) (3 of 3) [SOSR-151/2021] as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were 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 said accused applicant(s) 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 81-MS/-
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