Rajasthan High Court - Jodhpur
Pawan Kumar vs State on 19 February, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 39/2021
Pawan Kumar S/o Sh. Sahab Ram, Aged About 26 Years, B/c
Nayak, R/o Mohan Magariya, P.S. Hanumangarh Town, Dist.
Hanumangarh (Raj.). (At Present Lodged In Sub Jail, Suratgarh).
----Petitioner
Versus
1. State, Through Pp
2. Satya Narayan Jhanwar, son of Shri Babu Lal Jhanwar,
resident of near Gurudwara, Ward No.15, Suratgarh, District
Sriganganagar (Raj.)
----Respondent
For Petitioner(s) : Mr. Varun Arora, through video-call.
For Respondent(s) : Mr. Sudhir Tak, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
19/02/2021
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and perused the record of the case.
Upon a consideration of the arguments advanced on behalf
of the petitioner and having regard to the facts and circumstances
of the case, this court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused
petitioner.
Accordingly, the application for suspension of sentence filed
under Section 397 read with Section 401 Cr.P.C. is allowed and it
is ordered that the substantive sentences passed by Learned
Additional Session Judge, Suratgarh, District Sriganganagar, in
Criminal Appeal No.57/2020, vide order dated 07.01.2021 and as
(2 of 3) [SOSR-39/2021]
affirmed by the Learned Additional Chief Judicial Magistrate,
Suratgarh, District Sriganganagar, vide order dated 05.12.2020 in
Criminal Regular Case No.80/2020 against the petitioner-Pawan
Kumar S/o Sahab Ram, shall remain suspended till final disposal
of the aforesaid revision and he shall be released on bail subject
to deposit the fine amount as imposed by the learned trial Court,
provided he executes a personal bond in the sum of Rs.1,00,000/-
each with two sureties of Rs.50,000/- each of to the satisfaction of
the learned trial Judge for his appearance in this court on
19.03.2021 and whenever ordered to do so till the disposal of the
revision on the conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
revision is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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.
4. Petitioner shall deposit the fine amount as
imposed by the learned trial Court.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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
(3 of 3) [SOSR-39/2021]
relating to pendency and disposal of cases in the trial court. In
case the said accused applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(MANOJ KUMAR GARG),J
136-Prashant/NK
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