Mahadev Bhai vs State
2021 Latest Caselaw 8885 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 126/2021

Mahadev Bhai S/o Kama Bhai, Aged About 45 Years, R/o House No.84/661, Nawa Vadan, Bhawsar Hostel, Ahemabad. (Lodged At Dist Jail Sirohi).

----Petitioner Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr. Sikander Khan For Respondent(s) : Mr. Mukhtiyar Khan, PP.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

06/04/2021

Heard. Admit.

Heard learned counsel for the petitioner and learned public

prosecutor on Application for Suspension of Sentence.

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 is

allowed and it is ordered that the substantive sentence passed by the

learned Gram Nyayalya, Pindwara, vide judgment dated 06.07.2013

in Criminal Case No.265/2010 and affirmed by the learned Sessions

Judge, Sirohi vide judgment dated 02.02.2021 in Criminal Appeal

No.59/2013 (CIS No.266/2014) against the accused-petitioner

Mahadev Bhai S/o Kama Bhai shall remain suspended till the final

(2 of 2) [CRLW-126/2021]

disposal of aforesaid criminal writ and he shall be released on bail

subject to deposit the fine amount as imposed by the learned trial

Court, provided he executes a personal bond in the sum of

Rs.50,000/- along with two sureties in the sum of Rs.25,000/- each

to the satisfaction of the learned trial Judge for his appearance

before this court on 06.05.2021 and whenever ordered to do so till

the disposal of the criminal writ on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the criminal writ is decided.

2. That if the petitioner change 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. Petitioner shall deposit the fine amount as imposed by the learned 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 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 171-Ishan/-

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