Rajasthan High Court - Jodhpur
Jayanti Lal vs State Of Rajasthan on 2 June, 2021
Bench: Manoj Kumar Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 151/2021
Jayanti Lal S/o Vaksi Parmar Meena, Aged About 39 Years, B/c
Adivasi, R/o Naya Gaon Police Thana Dovda Distt. Dungarpur (At
Present In Central Jail Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha, Adv. through VC
For Respondent(s) : Mr. Mool Singh Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG (VACATION
JUDGE)
Judgment / Order
02/06/2021
Heard on application for suspension of sentence.
Counsel for the petitioner submits that earlier this Court
suspended the sentence of the petitioner vide order dated
03.05.2019 and directed the petitioner to appear before the Court for
his attendance on 03.06.2019, but the petitioner failed to appear on
the given date and therefore, this Court issued arrest warrant
against the petitioner on 04.03.2021 and in compliance of the arrest
warrant, the petitioner was arrested by the Police on 02.05.2021 and
produced before this Court on 03.05.2021 and this Court sent the
petitioner in Jail, therefore the petitioner is filing the present
application for suspension of sentence.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
(2 of 3) [SOSR-151/2021]
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
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 Judicial Magistrate,
Aaspur, District Dungarpur in Criminal Original Case No.49/2010
vide order dated 09.10.2017 as affirmed by the learned Additional
Sessions Judge, Sagwada, District Dungarpur, vide order dated
04.04.2019 in Cr. Appeal No.32A/2016 against the petitioner-
applicant Jayanti Lal S/o Vaksi Parmar Meena 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.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of the Registrar (Judicial) of this Court for his
appearance in this court on 12.07.2021 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
appeal 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
(3 of 3) [SOSR-151/2021]
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), VJ
81-MS/-
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