Rajasthan High Court - Jodhpur
Madanlal vs State Of Rajasthan on 7 December, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 847/2021
1. Madanlal S/o Shri Harlal Jat, Aged About 40 Years, R/o
Surjapura, PS Bhindar, District Udaipur.
2. Kishanlal S/o Shri Kalu Banjara, Aged About 30 Years,
3. Shankarlal S/o Shri Dalu Banjara, Aged About 30 Years,
Both petitioners No.2 & 3 are residents of Jetpura,
Police Station Bhindar, District Udaipur.
(Presently In Custody At District Jail, Pratapgarh)
----Petitioners
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr.Ramesh Chandra Purohit, Adv.
For Respondent(s) : Mr.Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/12/2021
Heard.
Admit.
Heard learned counsel for the petitioners and learned public
prosecutor on Application for Suspension of Sentence
No.263/2021.
Upon a consideration of the arguments advanced on behalf
of the petitioners 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-petitioners.
(2 of 3) [CRLR-847/2021]
Accordingly, the application under Section 397(1) Cr.P.C. for
suspension of sentence is allowed and it is ordered that the
substantive sentence passed by the learned Additional Chief
Judicial Magistrate, Dhariyawad, Distt. Pratapgarh in Criminal
Regular Case No.209/2011 vide judgment dated 26.09.2014 and
affirmed by the learned Additional Sessions Judge and Special
Judge, SC/ST (Prevention of Atrocities) Cases, Pratapgarh in
Criminal Appeal No.07/2015 (45/2014) (CIS No.06/2015) vide
judgment dated 08.10.2021 against the accused-petitioners (1)
Madanlal S/o Harlal Jat, (2) Kishanlal S/o Kalu Banjara and (3)
Shankarlal S/o Dalu Banjara shall remain suspended till the final
disposal of aforesaid revision subject to depositing the fine
amount. The petitioners shall be released on bail provided each of
them 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 their appearance before
this court on 10.01.2022 and whenever ordered to do so till the
disposal of the revision on the conditions indicated below:-
1. That they will appear before the trial Court in
the month of January of every year till the
appeal is decided.
2. That if the petitioners changes the place of
residence, they will give in writing their
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. That they shall deposit the fine amount as
directed by the trial court.
(3 of 3) [CRLR-847/2021]
The learned trial Court shall keep the record of attendance of
the accused-petitioners in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-petitioners 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
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
95-NK/-
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