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Sanjeev Kumar vs State Of Rajasthan
2021 Latest Caselaw 2767 Raj

Citation : 2021 Latest Caselaw 2767 Raj
Judgement Date : 2 February, 2021

Rajasthan High Court - Jodhpur
Sanjeev Kumar vs State Of Rajasthan on 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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