HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 553/2021 Swaroopa Ram @ Swaroop Singh S/o Shri Deep Singh, Aged About 41 Years, B/c Suthar, R/o Ballu Singh Ki Dhani, Tehsil Bhaniyana, District Jaisalmer (Raj.) (At Present Lodged In Central Jail, Jaisalmer)
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. C.P. Soni For Respondent(s) : Mr. S.K. Bhati, PP HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 09/11/2021 Issue notice.
Learned Public Prosecutor appears on behalf of the respondent. Service is, therefore, complete. Learned Public Prosecutor seeks some time to file reply to the writ petition.
Heard learned counsel for the petitioner on the stay application for suspension of sentence.
Learned counsel for the petitioner submits that it was clean and simple accident for which the petitioner is not responsible as the deceased while crossing the road was not vigilant and because of that the accident occurred. He further submits that the petitioner has already undergone incarceration of one month and the sentence awarded is two years of simple imprisonment.
Considering the fact that it was an accident wherein, no intention could be attributed to the petitioner for causing the fatal injuries to the deceased, the sentence awarded vide Judgment dated 29.09.2018 passed by the Gram Nyayalaya Sakada, Head (Downloaded on 09/11/2021 at 08:25:23 PM) (2 of 2) [CRLW-553/2021] Quarter Pokarana, District Jaisalmer, confirmed by appellate order dated 06.10.2021 passed by the Additional Session Judge, Pokaran, District Jaisalmer shall remain suspended till final disposal of the criminal writ petition, provided he executes a personal bond in a sum of Rs. 50,000/- with two sureties of Rs. 25000/- each to the satisfaction of the trial court for his appearance before this Court on 10.12.2021 and whenever ordered to do so, till the disposal of the criminal writ petition on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the writ is decided.
2. That if the appellant 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 address, 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-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 said 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.
(VINIT KUMAR MATHUR),J 234-Shahenshah/-
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