Suraj Maeyda vs State Of Rajasthan
2021 Latest Caselaw 19099 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 669/2021

Suraj Maeyda S/o Raju Maeyda, Aged About 22 Years, R/o Bijaleya, Police Station Sadar, Banswara, Dist. Banswara. (Accused Lodged At Dist. Jail, Banswara)

----Petitioner Versus State of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. Parikshit Nayak For Respondent(s) : Mr. Gaurav Singh, PP assisted by Ms. Kamla Goswami

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

15/12/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor, on application (No.199/2021) seeking

suspension of sentences.

Admit.

Record already received.

By the instant application preferred under Section 397/401

Cr.P.C., petitioner has craved for suspending the sentences handed

down by learned Additional Chief Judicial Magistrate, Banswara,

vide judgment dated 16.01.2021 in Regular Criminal Case

No.49/2020 (CIS No.49/2020) as affirmed by learned Sessions

Judge, Banswara, vide judgment dated 01.03.2021 in Criminal

Appeal No.17/2021 (CIS No.18/2021). Learned trial Court, by the

aforesaid verdict, convicted the applicant-appellant for offence

(2 of 3) [CRLR-669/2021]

under Sections 120-B and 411 of the Indian Penal Code.

Arguing on the application for suspension of sentences, it is

submitted by learned counsel that sentence of co-accused Vitthal

@ Vithala @ Karan has been suspended by co-ordinate Bench of

this Court vide order dated 11.05.2021; petitioner has been

handed down a sentence of three years' Rigorous Imprisonment

along with a fine of Rs.3,000/-; during the trial, the petitioner

remained on bail; final decision of the appeal is likely to take

considerable time, and, therefore it would not be appropriate to

keep applicant-appellant under further incarceration.

Per contra learned Public Prosecutor has opposed the

application for suspension of sentences of the petitioner.

Although, as per arguments, during the trial, the petitioner

remained on bail; and trial will take sufficiently long time,

therefore, I feel inclined to accept this application for suspension

of sentences.

Accordingly, the application for suspension of sentence

(No.199/2021) filed under Section 397/401 Cr.P.C. is allowed and

it is ordered that the sentences passed by learned Additional Chief

Judicial Magistrate, Banswara, vide judgment dated 16.01.2021 in

Regular Criminal Case No.49/2020 (CIS No.49/2020) as affirmed

by learned Sessions Judge, Banswara, vide judgment dated

01.03.2021 in Criminal Appeal No.17/2021 (CIS No.18/2021)

against petitioner, Suraj Maeyda S/o Raju Maeyda, shall remain

suspended till final disposal of the aforesaid appeal and he shall be

released on bail, provided he executes a personal bond in the sum

of Rs.50,000/- with two sureties of Rs.25,000/- each to the

(3 of 3) [CRLR-669/2021]

satisfaction of the learned trial Judge for his appearance in this

Court on 17.01.2022 and whenever ordered to do so till disposal

of the appeal, on the conditions indicated below:-

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

2. That if the applicant 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(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of

accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant 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 purposes relating to

pendency and disposal of cases in the trial court. In case the said

accused applicant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(DEVENDRA KACHHAWAHA),J 6-Rashi/-

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