Rajasthan High Court - Jodhpur
Janardan Suthar vs Sharda Vyas on 17 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
...
S.B. Criminal Revision Petition No. 1067/2021
Janardan Suthar S/o Magni Ram Ji, by caste Suthar, aged 47
Years, R/o Village Sandiyarda, Teh. Kapasan, District Chittorgarh
(Raj.).
----Petitioner
Versus
Smt. Sharda Vyas W/o Kailash Chandra, by caste Vyas/Brahmin,
R/o Kapasan at present 25-B, Awas Colony, Mandfiya Sanwariyaji
Dist. Chittorgarh (Raj.).
----Respondent
For Petitioner(s) : Mr. Jitendra Gehlot.
For Respondent(s) : ---- ----
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
17/12/2021
Heard learned counsel for the petitioner as well as learned
Public Prosecutor.
Admit. Issue notice. Rule is made returnable within a period
of four weeks.
Send for the record.
Heard learned counsel for the parties on the application
seeking suspension of sentences (SoS No. 317/2021).
By the instant application for suspension of sentence,
accused-petitioner has craved for suspending sentence of one
year's simple imprisonment with a direction to pay compensation
to the tune of Rs.3,50,000/- to the complainant, in default of
payment of compensation to undergo three month's simple
imprisonment, handed down by Additional Chief Judicial
(2 of 3) [CRLR-1067/2021]
Magistrate, Kapasan, District Chittorgarh (for short, 'learned trial
Court') and affirmed by Additional Sessions Judge No.1,
Chittorgarh camp Kapasan (for short, 'learned appellate Court').
It is submitted by learned counsel for the petitioner that
looking to short sentence awarded by trial Court and affirmed by
appellate Court, same may be suspended.
Having regard to the facts and circumstances of the case, I
feel persuaded to accept this application for suspension of
sentence.
Accordingly, the application for suspension of sentence
(SoS No. 317/2021) filed under Section 397(1) Cr.P.C. is allowed
and it is ordered that the sentence passed by learned Additional
Chief Judicial Magistrate, Kapasan, District Chittorgarh in Regular
Criminal Case No. 187/2009, vide judgment & order dated
07.05.2015, as affirmed by the learned Additional Sessions Judge
No.1, Chittorgarh camp Kapasan, vide judgment & order dated
03.12.2021 in Criminal Appeal No. 137/2015 against applicant-
petitioner, Janardan Suthar S/o Magni Ram Ji, shall remain
suspended till final disposal of the aforesaid revision and he shall
be released on bail subject to the condition that he shall deposit
50% of the cheque amount within a period of four weeks; failing
which, this order shall stand automatically vacated without further
reference to the Court and upon his furnishing 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 of the revision on the conditions indicated below:-
(3 of 3) [CRLR-1067/2021]
1. That he will appear before the trial Court in the
month of January every year till the revision 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
the 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
accused applicant fail appear before the trial Court, the learned
trial Judge shall report the matter to the High Court for
cancellation of bail.
(DEVENDRA KACHHAWAHA),J
165-Mohan/-
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