Surendra Kumar Kothari vs Mukesh Kumar Gehlot
2021 Latest Caselaw 8722 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision No.328/2021

Surendra Kumar Kothari S/o Shri Bagh Singh, by caste Kothari Oswal, aged about 46 years, resident of near Samaj Kalyan Hostel, Opposite Sainik Guest House, Churu. (At present lodged in District Jail, Churu)

----Petitioner Versus

Mukesh Kumar Gehlot S/o Shri Rameshwar Lal Gehlot Nai, resident of Naya Bas, Churu.

----Respondent

For Petitioner(s) : Ms.Kirti Pareek, Adv. For Respondent(s) : Mr.S.K.Bhati, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

01/04/2021

Heard.

Admit. Issue notice to the respondent, returnable within six

weeks. Call for the record.

Heard learned counsel for the petitioner on Application for

Suspension of Sentence No.115/2021.

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 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

(2 of 3) [CRLR 328/2021]

substantive sentence passed by the learned Chief Judicial

Magistrate, Churu vide judgment dated 24.11.2010 in Criminal

Case No.55/2007 and affirmed by the learned Additional Sessions

Judge, Churu vide judgment dated 25.03.2021 in Criminal Appeal

No.23/2011 (100/2010) against the accused-petitioner Surendra

Kumar Kothari S/o Bagh Singh 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 03.05.2021 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 on a
               proper application being           filed.

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

(3 of 3) [CRLR 328/2021]

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),J

c-1 NK/-

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