Rajasthan High Court - Jodhpur
Pradeep Kumar vs State Of Rajasthan on 7 January, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 773/2020
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 Of Rajasthan, 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.206/2020.
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.302/2018 (CIS No.302/2018) vide order
dated 07.08.2019 as confirmed by the Learned Special Judge SC/ST
Cases, Sirohi, vide order dated 23.10.2020 in Cr. Appeal No.29/2020
(44/2019) (CIS No.44/2019) against the petitioner-applicant Pradeep
(2 of 2) [CRLR-773/2020]
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
69-MS/-
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