Citation : 2021 Latest Caselaw 2767 Raj
Judgement Date : 2 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 25/2021
Sanjeev Kumar S/o Sh. Pyarelal, Aged About 40 Years, B/c
Arora, R/o Ward No. 3, Nai Mandi, Gharsana, Dist. Sri
Ganganagar (Raj.). (At Present Lodged In Sub Jail, Anoopgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr.KL Vishnoi.
For Respondent(s) : Mr.Laxman Solanki, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
02/02/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Heard learned counsel for the parties and perused the record
of the case.
I have considered the rival arguments advanced by the
parties and perused the judgments of the courts below. Looking
to the facts and circumstances of the case and the short sentence
awarded by the learned trial court, I consider it just and proper to
suspend the sentence awarded to the accused petitioner.
Accordingly, the present Suspension of Sentence Application
filed under Section 397/401 Cr.P.C. is allowed and it is ordered
that the sentence passed by the learned Judge, Gram Nyayalaya,
Anoopgarh, District Sri Ganganagar in Criminal Regular Case
No.81/2015 (CIS No.81/2015) vide order dated 5.4.2018 as
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affirmed by the learned Additional Sessions Judge, Anoopgarh,
District Sri Ganganagar vide order dated 16.01.2021 in Cr. Appeal
No.49/2018 (CIS No.49/2018) against the petitioner Sanjeev
Kumar S/o Sh. Pyarelal 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 the
learned trial Judge for his appearance in this court on 02.03.2021
and whenever ordered to do so, till the disposal of the revision on
the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the revision is
decided.
2. That if the petitioner 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,
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-petitioner in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
petitioner 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 purpose relating to
pendency and disposal of cases in the trial court. In case the said
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accused-petitioner does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
121-SPhophaliya/Jitender/-
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