Rajasthan High Court - Jodhpur
Lalaram vs State Of Rajasthan on 15 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1010/2021
Lalaram S/o Sh. Inda, Aged About 38 Years, B/c Ghanchi, R/o
Village Ummedabad, P.S. And Dist. Jalore. (Raj.).
(Presently Lodged In Dist. Jail, Jalore).
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Pradeep Shah
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.307/2021) seeking
suspension of sentences.
Admit.
Send for the record.
By the instant application preferred under Section 397 read
with Section 401 Cr.P.C., petitioner has craved for suspending the
sentences handed down by learned Additional Chief Judicial
Magistrate No.2, Jalore, vide order dated 16.11.2015 in Regular
Criminal Case No.2921/2014 as affirmed by learned Sessions
Judge, Jalore, vide judgment dated 23.11.2021 in Criminal Appeal
No.111/2021 (C.I.S. No.105/2015). Learned trial Court, by the
aforesaid verdict, convicted the applicant-appellant for offence
(2 of 3) [CRLR-1010/2021]
under Sections 279, 337, 338 and 304A of the Indian Penal Code.
Arguing on the application for suspension of sentences, it is
submitted by learned counsel that offence is triable by Magistrate;
petitioner has been handed down a sentence of two years' Simple
Imprisonment along with a fine of Rs.2,000/-; 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, offence is triable by the First
Class Magistrate; 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.307/2021) filed under Section 397 read with Section 401
Cr.P.C. is allowed and it is ordered that the sentences passed by
learned Additional Chief Judicial Magistrate No.2, Jalore, vide
order dated 16.11.2015 in Regular Criminal Case No.2921/2014
as affirmed by learned Sessions Judge, Jalore, vide judgment
dated 23.11.2021 in Criminal Appeal No.111/2021 (C.I.S.
No.105/2015), against petitioner, Lalaram S/o Sh. Inda, 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 satisfaction of the learned trial Judge for his appearance in this
Court on 17.01.2022 and whenever ordered to do so till disposal
(3 of 3) [CRLR-1010/2021]
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
9-Rashi/-
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