Pradeep Kumar vs State
2021 Latest Caselaw 230 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 770/2020

Pradeep Kumar S/o Sh. Moola Ram, Aged About 39 Years, By Caste Mali, R/o Bhatkada, Tehsil And District Sirohi (Rajasthan). (At Present Lodged In Central Jail Jodhpur).

----Petitioner

Versus

State, Through P.p.

                                                                  ----Respondent


For Petitioner(s)          :     Mr. LR Punia, Adv. through VC
For Respondent(s)          :     Mr. Anees Bhurat, PP



           HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                             Judgment / Order

07/01/2021

     Heard.

Admit. Learned Public Prosecutor accepts notice on behalf of the

respondent-State.

Heard on application for suspension of sentence No.205/2020.

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 397/401 Cr.P.C. is allowed and it is ordered that the substantive

sentences passed by the Learned Chief Judicial Magistrate, Sirohi in

Criminal Regular Case No.200/2017 (CIS No.200/2017) vide order

dated 07.08.2019 as confirmed by the Learned Special Judge SC/ST

Cases, Sirohi, vide order dated 04.09.2020 in Cr. Appeal No.22/2020

(41/2019) (CIS No.41/2019) against the petitioner-applicant Pradeep

(2 of 2) [CRLR-770/2020]

Kumar S/o Shri Moola 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/- with two sureties

of Rs.50,000/- each of to the satisfaction of the learned trial Judge for

his appearance in this court on 09.02.2021 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 68-MS/-

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