Rajasthan High Court - Jodhpur
Arjun Lal vs State on 21 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) Application No. 295/2021
In
S.B. Criminal Revision Petition No.982/2021
Arjun Lal S/o Ramlal Regar, Aged About 28 Years, R/o Jeewana
Police Station, Fateh Nagar, Teh. Mawali, Dist. Udaipur.
(At Present Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Ms. Snehlata w/o Arjun Lal, present
in person
For Respondent(s) : Mr. Mukhtiyaar Khan, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
21/12/2021
Heard learned counsel for the applicant-petitioner and the
learned Public Prosecutor.
Ms. Snehlata w/o Arjun Lal, present in person, stated that
accused-petitioner was wrongly convicted by learned trial Court
and during trial, he was on bail; hearing of the appeal will take
long time, therefore, his sentence may be suspended.
Learned Public Prosecutor does not wish to file reply to the
application for suspension of sentence but has opposed the
application for suspension of sentence but does not dispute this
fact that during trial he was on bail.
(2 of 3) [SOSR-295/2021]
I have considered the rival arguments advanced by parties
and perused the judgments of Courts below. Looking to the facts
and circumstances of the case and during trial, accused-petitioner
was on bail; hearing of the appeal will take long time, I consider it
just and proper to suspend the sentence awarded to accused
applicant-petitioner.
Accordingly, the application for suspension of sentence filed
under Section 397(1) Cr.P.C. is allowed and it is ordered that the
sentence passed by learned Additional Chief Judicial Magistrate,
Mavli, District Udaipur in Cr.Case No.528/2016 vide order dated
01.12.2017, as affirmed by learned Additional Sessions Judge
No.1, Udaipur, Camp Mawali, District Udaipur vide order dated
25.11.2021 in Cr. Appeal No.558/2017, against applicant-
petitioner Arjun Lal S/o Ramlal Regar, shall remain suspended till
final disposal of the aforesaid revision 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 learned trial Judge for his appearance in this Court
on 21.01.2022 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 (s) to the trial Court.
(3 of 3) [SOSR-295/2021]
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 fails to appear before the trial Court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DEVENDRA KACHHAWAHA),J
23-Bharti/-
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