Rajasthan High Court - Jodhpur
Nand Ram vs State Of Rajasthan on 1 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 55/2021
1. Nand Ram S/o Sahi Ram, Aged About 63 Years, B/c Bawari,
R/o Chak 6 Apd, Police Station Ramsinghpur District Sri
Ganganagar.
2. Shanker Lal S/o Nand Ram, By caste Bawari, aged about 31
years.
3. Madan Lal S/o Nand Ram, by caste Bawari, aged about 33
years.
All residents of Chak 6 APD, Police Station Ramsinghpur, District
Sri Ganganagar. (Presently lodged in Sub Jail Anupgarh)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. DS Thind.
For Respondent(s) : Mr. Mukhtiyar Khan, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
01/03/2021
Heard learned counsel for the petitioners as well as learned
Public Prosecutor and perused the record of the case.
Upon a consideration of the arguments advanced on behalf
of the petitioners 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 read with Section 401 Cr.P.C. is allowed and it
is ordered that the substantive sentences passed by Learned
Additional Chief Judicial Magistrate, Anupgarh, District
(2 of 3) [SOSR-55/2021]
Ganganagar, in Criminal Case No.603/2011, vide order dated
20.01.2017 and as affirmed by the Learned Additional Sessions
Judge, Anupgarh, District Sri Ganganagar, vide order dated
05.02.2021 in Criminal Appeal No.21/2017 against the petitioners-
(1) Nand Ram S/o Sahi Ram, (2) Shanker Lal S/o Nand Ram & (3)
Madan Lal S/o Nand Ram, shall remain suspended till final disposal
of the aforesaid revision and they shall be released on bail subject
to deposit the fine amount as imposed by the learned trial Court,
provided they execute 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 their appearance in this
court on 01.04.2021 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. Petitioners 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
(3 of 3) [SOSR-55/2021]
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(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
155-Prashant/-
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