Rajasthan High Court - Jodhpur
Dinesh Kumar vs Fooli Devi on 24 February, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 51/2021
Dinesh Kumar S/o Hansaram, Aged About 30 Years, R/o Village
Varal, Tehsil And District Sirohi (Raj.).
----Petitioner
Versus
1. Smt. Fooli Devi W/o Manchharam, R/o Village Fungani, Tehsil
And District Sirohi (Raj.).
2. State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr.Devkinandan Vyas, Adv.
For Respondent : Mr.Mool Singh Bhati, PP
No.2-State)
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
24/02/2021
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and perused the record.
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 subject to depositing the 50% of the cheque amount.
Accordingly, the application under Section 397(1) Cr.P.C. for
suspension of sentence is allowed and it is ordered that the
substantive sentence passed by the learned learned Chief Judicial
Magistrate, Sirohi vide judgment dated 23.01.2020 in Criminal
Original Case No.461/2014 (CIS No.2657/2014) and affirmed by
the learned Sessions Judge, Sirohi vide judgment dated
(2 of 3) [SOSR-51/2021]
19.01.2021 in Criminal Appeal No.15/2020 (CIS No.15/2020)
against the accused-petitioner Dinesh Kumar S/o Hansaram shall
remain suspended till the final disposal of aforesaid revision
subject to depositing 50% of the cheque amount. The petitioner
shall be released on bail provided he executes a personal bond in
the sum of Rs.1,00,000/- along with two sureties in the sum of
Rs.50,000/- each to the satisfaction of the learned trial Judge for
his appearance before this court on 24.03.2021 and whenever
ordered to do so till the disposal of the appeal on the conditions
indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal
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
addresses, they will give in writing their
changed address to the trial Court.
4. Accused-Petitioner shall deposit 50% of the
cheque amount before the trial Court which
shall be disbursed to the respondent No.1 on a
proper application being filed. It is made
clear that the amount already deposited
by the petitioner shall be adjusted
towards the 50% of the cheque amount.
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
(3 of 3) [SOSR-51/2021]
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the
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.
(MANOJ KUMAR GARG),J
148-NK/-
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