Hemsingh vs State Of Rajasthan
2021 Latest Caselaw 786 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 822/2020

Hemsingh S/o Bhanwar Singh, Aged About 21 Years, B/c Rajput, R/o Aasaranada, Thana Dangiyawas, Dist. Jodhpur. (Presently Lodged At Central Jail, Jodhpur).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Birbal Ram Bishnoi. For Respondent(s) : Ms. Rajlaxmi Singh Choudhary, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

12/01/2021

Heard.

Admit. Learned Public Prosecutor accepts notice on behalf of

respondent-State.

Heard on application for suspension of sentence No.3554/2020.

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 Additional Chief Metropolitan

Magistrate (CBI Cases), Jodhpur, in Criminal Original Case No.

159/2017, vide order dated 20.11.2019 as affirmed by the Learned

Addl. Sessions Judge No.6, Jodhpur Metropolitan, vide order dated

27.11.2020 in Cr. Appeal No.674/2019 (NCV No.674/2019) against the

(2 of 2) [CRLR-822/2020]

petitioner-applicant Hemsingh S/o Bhanwar Singh, 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

15.02.2021 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 98-prashant/-

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