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Rajasthan High Court
Radhey @ Radheyshyam Son Of Lohade Koli vs State Of Rajasthan (2024:Rj-Jp:21737) on 8 May, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:21737]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. II Suspension of Sentence Application
No.260/2024
In
S.B. Criminal Revision Petition No. 200/2021
Radhey @ Radheyshyam Son Of Lohade Koli, R/o Khanpur, Police
Station, Todabhim, District Karauli (Raj) (At Present Confined At
Sub Jail Karauli)
----Petitioner
Versus
State Of Rajasthan, Through P.p
----Respondent
For Petitioner(s) : Mr. Jiya Ur Rehman
For Respondent(s) : Mr. Babulal Nasuna-PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
08/05/2024
The petitioner-accused herein has been convicted and
sentenced vide judgment dated 16.01.2013 passed by learned Judicial Magistrate First Class, Todabhim (Karauli) in Criminal Case No.274/2007 as under:-
Offence Under Imprisonment Fine Sentence in Section default of fine 456 of IPC 01 year S.I. Rs.1,000/- 01 month S.I. 354 of IPC 01 year S.I. Rs.1,000/- 01 month S.I. Heard learned counsel for the petitioner-applicant on the second suspension of sentence application.
Learned counsel for the petitioner submits first suspension of sentence application was allowed vide order dated 24.03.2021. (Downloaded on 17/05/2024 at 09:31:29 PM) [2024:RJ-JP:21737] (2 of 3) [CRLR-200/2021] Due to inadvertent reasons, petitioner could not mark his presence before the Court, thereafter on 17.01.2024, the order dated 24.03.2021 was recalled and petitioner was directed to call with the arrest warrant. Petitioner was arrested by the concerned Police Station and sent to the judicial custody. Therefore, considering the above facts, the second application for suspending the sentence may be allowed and further proceedings initiated under Section 446 of Cr.P.C. may be dropped.
Learned Public Prosecutor vehemently opposes the second suspension of sentence application.
Considering the fact that first suspension of sentence application was allowed by this Court and thereafter petitioner could not mark his presence before this Court and after arrest, he has been sent to custody and regular hearing of criminal revision petition may take considerable time, I consider it just and proper to suspend the sentences awarded to the accused-petitioner.
In view of the above, the proceedings under Section 446 Cr.P.C. as against the petitioner is dropped.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences awarded by learned Judicial Magistrate First Class, Todabhim (Karauli) vide order dated 16.01.2013 as affirmed by learned Additional District & Sessions Judge No.2, Hindaun City, District Karauli in Criminal Appeal No.47/2015 vide order dated 08.02.2021 against the petitioner Radhey @ Radheyshyam Son Of Lohade Koli, R/o Khanpur, shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail, (Downloaded on 17/05/2024 at 09:31:29 PM) [2024:RJ-JP:21737] (3 of 3) [CRLR-200/2021] provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of Registrar (Judicial) for his appearance in this court on 10.06.2024 and whenever ordered to do so, till the disposal of the revision on the conditions indicated below:-
1. That if the applicant(s) changes the place of residence, he will give in writing his changed address to Registrar (Judicial) as well as to the counsel in the High Court.
2. Similarly, if the sureties change his address(s), he will give in writing their changed address to Registrar (Judicial) (PRAVEER BHATNAGAR),J 44-Rahul Joshi (Downloaded on 17/05/2024 at 09:31:29 PM) Powered by TCPDF (www.tcpdf.org)