Rajasthan High Court - Jodhpur
Heera Lal vs State Of Rajasthan on 7 July, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence (Revision)
Application No.66/2021
in
S.B. Criminal Revision Petition No. 176/2021
Heera Lal S/o Bhanwar Lal Suthar, Aged About 24 Years, R/o
Village Gadari Kheda, P.s. Gangapur, Dist. Bhilwara (Raj.). (At
Present Lodged In Sub Jail, Gangapur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Hemant Jain
For Respondent(s) : Mr. Arun Kumar, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
07/07/2021
The instant application for suspension of sentence
under Section 397(1) CrPC is preferred on behalf of the appellant-
applicant Heera Lal S/o Bhanwar Lal Suthar, who has been
convicted and sentenced for the offences under Sections 457 and
380 IPC vide the judgment dated 06.11.2020 passed by the
learned Additional Chief Judicial Magistrate, Gangapur, District
Bhilwara in Criminal Case No.180/2019.
Heard learned counsel for the petitioner-applicant and
the learned Public Prosecutor.
I have considered the rival arguments advanced by the
parties and perused the judgments of the courts below. Looking
to the facts and circumstances of the case and the short sentence
(2 of 3) [SOSR-66/2021]
awarded by the learned trial court, I consider it just and proper to
suspend the sentences awarded to the accused petitioner-
applicant during the pendency of the revision.
Accordingly, the application for suspension of sentence
filed under Section 397(1) Cr.P.C. is allowed and it is ordered that
the sentences passed by the learned Additional Chief Judicial
Magistrate, Gangapur, District Bhilwara in Criminal Case
No.180/2019 vide judgment dated 06.11.2020 as affirmed by the
learned Additional Sessions Judge, Gangapur, District Bhilwara
vide judgment dated 22.01.2021 in Criminal Appeal No.09/2020
against the petitioner-applicant Heera Lal S/o Bhanwar Lal Suthar,
shall remain suspended till final disposal of the aforesaid revision
and he shall be released on bail, provided he executes a personal
bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-
each to the satisfaction of the learned trial Judge for his
appearance in this court on 09.08.2021 and whenever ordered to
do so, till the disposal of the revision on the conditions indicated
below:-
1. That he will appear before the trial Court in the
month of January of every year till the revision is
decided.
2. That if the applicant 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 address(s),
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of
attendance of the accused-applicant in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused-applicant was tried and convicted. A copy of this
(3 of 3) [SOSR-66/2021]
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 does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(SANDEEP MEHTA),J
51-Pramod/-
Powered by TCPDF (www.tcpdf.org)
