Rajasthan High Court - Jodhpur
Susheel Kumar Pandey 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. 962/2021
Susheel Kumar Pandey S/o Shri Ramashankar Pandey, Age 56
Years, Resident of C-476, Aajadnagar, Bhilwara, P.S.
Pratapnagar, Dist. Bhilwara (Raj.)
----Petitioner
Versus
The State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Ankit Prakash Singh on behalf of
Mr. S.S. Sisodia.
For Respondent(s) : Mr. Shrawan Bishnoi, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
17/12/2021
Heard learned counsel for the petitioner as well as learned
Public Prosecutor. Perused the record.
Admit. Issue notice.
Learned Public Prosecutor accepts notices on behalf of the
respondent-State of Rajasthan, therefore, notices need be
issued.
Heard learned counsel for the petitioner on the application
seeking suspension of sentences (SoS No. 289/2021).
Learned counsel for the petitioner stated that the accused-
petitioner has been convicted for the offence punishable under
Section 420 IPC for the period of three years along with fine of
Rs.1,00,000/-; that during the trial of the case, the accused-
petitioner was on bail; that as per the custody certificate dated
(2 of 3) [CRLR-962/2021]
01.12.2021, the accused-petitioner is behind the bars since one
year, nine months and four days (copy of the custody certificate
dated 01.12.2021 has been placed on record); that the hearing of
the revision petition will take time, therefore, sentences awarded
to the accused-petitioner may kindly be suspended till disposal of
the aforesaid revision.
Per contra, learned Pubic Prosecutor has opposed the prayer
for suspending the sentences awarded to the accused-petitioner.
Having regard to the facts and circumstances of the case,
particularly to the facts that during the trial of the case, the
accused-petitioner was on bail and hearing of the revision petition
will take sufficiently long time, therefore, I feel persuaded to
accept this application for suspension of sentence.
Accordingly, the application for suspension of sentence (SoS
No. 289/2021) filed under Section 397(1) Cr.P.C. is allowed and it
is ordered that the sentences passed by learned Additional Chief
Judicial Magistre No.2, Bhilwara, District Bhilwara in Criminal Misc.
Case No. 16157/2014 vide judgment dated 01.06.2018, as
affirmed by the learned Additonal Sessions Judge, No.2, Bhilwara,
District Bhilwara vide judgment dated 09.11.2021 in Criminal
Appeal No. 171/2018 against applicant-petitioner, Susheel Kumar
Pandey S/o Ramashankar Pandey, shall remain suspended till final
disposal of the aforesaid revision and he shall be released on bail
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-962/2021]
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
126-Mohan/-
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