Citation : 2021 Latest Caselaw 9976 Raj
Judgement Date : 2 July, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Criminal Misc. Suspension of Sentences Application No.65/2021 IN S.B. Criminal Revision Petition No. 175/2021
Heera Lal S/o Bhanwar Lal Suthar, Aged about 24 years, Resident of Village Gadari Kheda, P.S. Gangapur, District Bhilwara (Raj.)
----Petitioner Versus State Of Rajasthan through P.P.
----Respondent
For Petitioner(s) : Mr. Hemant Jain, through VC For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
02/07/2021
Heard learned counsel for the petitioner-applicant and the
learned Public Prosecutor.
I have considered the arguments advance by learned counsel
for the petitioner and learned Public Prosecutor and perused the
judgments of the courts below. Looking to the facts and
circumstances of the case and the short sentence awarded by the
learned trial court, I consider it just and proper to suspend the
sentences awarded to the accused petitioner-applicant.
Accordingly, the instant application for suspension sentence
is allowed and it is ordered that the sentences passed by the
learned ACJM, Gangapur in Cr. Case No.195/2019 vide order dated
(2 of 3)
06.11.2020 as affirmed by the learned Addl. Sessions Judge,
Gangapur, Bhilwara vide order dated 22.01.2021 in Cr. Appeal
No.10/2020 against the petitioner-applicant Heera Lal S/o Shri
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 03.08.2021 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.
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
(3 of 3)
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.
(SANDEEP MEHTA),J
6-/Devesh/-
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