Rajasthan High Court - Jodhpur
Jalam Singh vs State Of Rajasthan on 17 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
...
S.B. Criminal Revision Petition No. 727/2021
Jalam Singh S/o Heeraji, aged 49 years, R/o Itawa, Tehsil
Bagidora, District Banswara, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan through PP
2. Narayan Giri S/o Moti Giri, aged 54 years, R/o Badodiya,
Tehsil Bagidora, District Banswara.
----Respondents
For Petitioner(s) : Mr. Raghuveer Singh Bhati.
For Respondent(s) : Mr. Gaurav Singh, PP.
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.
Learned Public Prosecutor accepts notices on behalf of the
respondent No.1 - State of Rajasthan. Hence, notices be issued
to the respondent No.2 only. Returnable within a period of four
weeks.
Heard learned counsel for the parties on the application
seeking suspension of sentences (SoS No. 216/2021).
By the instant application for suspension of sentence,
accused-petitioner has craved for suspending sentence of one
year's simple imprisonment along with fine of Rs.4,00,000/-, in
default of payment of fine to undergo three month's simple
(2 of 3) [CRLR-727/2021]
imprisonment and upon depositing the amount of fine,
Rs.3,80,000/- was ordered to be paid to the complainant, handed
down by Judicial Magistrate, First Class, Bagidaura, District
Banswara (for short, 'learned trial Court') and affirmed by
Sessions Judge, Banswara (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
(No. 216/2021) filed under Section 397(1) Cr.P.C. is allowed and it
is ordered that the sentence passed by learned Judicial Magistrate,
First Class, Bagidaura, District Banswara in Regular Criminal Case
No. 291/2014, vide judgment dated 12.01.2017, as affirmed by
the learned Sessions Judge, Banswara vide judgment dated
05.08.2021 in Crriminal Appeal No. 134/2017 against applicant-
petitioner, Jalam Singh S/o Heerji, 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
(3 of 3) [CRLR-727/2021]
Court on 17.01.2022 and whenever ordered to do so, till disposal
of the revision on the conditions indicated below:-
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
19-Mohan/-
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