Rajasthan High Court - Jodhpur
Umar Mohammad vs State Of Rajasthan on 1 June, 2021
Bench: Manoj Kumar Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 456/2021
Umar Mohammad S/o Allaha Noor, Aged About 35 Years, R/o
Lohar Mohalla, Chittorgarh, District Chittorgarh (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan
2. Chandra Shekhar S/o Govind Ram Bilochi, R/o House
Number 26 A, Bapu Nagar, Chittorgarh, District
Chittorgarh (Rajasthan).
----Respondents
For Petitioner(s) : Mr.Rajendra Singh Rathore, Adv.
through VC
For Respondent(s) : Ms.Anita Gehlot, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
(VACATION JUDGE)
Order
01/06/2021
Heard.
Admit. Issue notice. Call for the record.
Learned Public Prosecutor accepts notice on behalf of the
respondent-State. Let notice be issued to respondent No.2 only,
returnable within six weeks.
Heard learned counsel for the petitioner and learned public
prosecutor on Application for Suspension of Sentence
No.147/2021.
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
(2 of 3) [CRLR-456/2021]
suspending the substantive sentence awarded to the accused-
petitioner subject to depositing the 50% of the cheque amount.
Accordingly, the application under Section 397(1) Cr.P.C. for
suspension of sentence is allowed and it is ordered that the
substantive sentence passed by the learned Additional Judicial
Magistrate, Chittorgarh vide judgment dated 11.01.2017 in
Criminal Case No.143/2013 (55/2011) and affirmed by the
learned Additional Sessions Judge No.1, Chittorgarh vide
judgment dated 06.03.2021 in Criminal Appeal No.45/2017
against the accused-petitioner Umar Mohammad S/o Allaha Noor
shall remain suspended till the final disposal of aforesaid revision
subject to depositing 50% of the cheque amount. The petitioner
shall be released on bail provided he executes a personal bond in
the sum of Rs.1,00,000/- along with two sureties in the sum of
Rs.50,000/- each to the satisfaction of the learned trial Judge for
his appearance before this court on 05.07.2021 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 appeal
is decided.
2. That if the petitioner 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
addresses, they will give in writing their
changed address to the trial Court.
4. Accused-Petitioner shall deposit 50% of the
cheque amount before the trial Court which
shall be disbursed to the respondent No.2 on a
proper application being filed.
(3 of 3) [CRLR-456/2021]
The learned trial Court shall keep the record of attendance of
the accused-petitioner in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
petitioner was 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
accused-petitioner 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) VJ
84-NK/-
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