Subhash vs State
2021 Latest Caselaw 4732 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Suspension Of Sentence(Revision) No. 46/2021

Subhash S/o Sh. Ram Lal, Aged About 51 Years, B/c Suthar, R/o Chack 34 Mod Tehsil Suratgarh Dist. Sriganganagar. (At Present Lodged In Sub Jail, Suratgarh).

                                                                  ----Petitioner
                                   Versus
State, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. RS Gill.
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.56/2020, vide order dated 27.01.2021 and as

affirmed by the Learned Additional Chief Judicial Magistrate,

Suratgarh, District Sriganganagar, vide order dated 02.12.2020 in

Criminal Case No.527/2007 against the petitioner-Subhash S/o

Ram Lal shall remain suspended till final disposal of the aforesaid

(2 of 2) [SOSR-46/2021]

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

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 137-Prashant/NK

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