Rajasthan High Court - Jodhpur
Mahesh Daya vs State on 2 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Cr. Misc. 2nd Suspension Of Sentence(Revision) No.
77/2021
in
S.B.Criminal Revision Petition No.56/2020
Mahesh Daya S/o Shankar Lal Daya, Aged About 40 Years, B/c
Daya, R/o 39 Ramdwara Chowk, Bhupalwadi, Mandi Ki Nal, Dist.
Udaipur (Raj.).
(Presently Lodged In Central Jail, Udaipur).
----Petitioner
Versus
1. State of Rajasthan
2. Chandra Singh S/o Late Ram Singh, B/c Dulawat Rajput,
R/o 75 Pathon Ki Magri, Subhash Nagar, Udaipur (Raj.).
----Respondents
For Petitioner(s) : Mr.Rajendra Singh Rathore, Adv.
For Respondent(s) : Mr.Mukthiyar Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
02/03/2021
This is the second bail application seeking suspension of
sentence. The first bail application was rejected by this Court vide
order dt. 14.01.2020 passed in S.B.Crimimnal Revision Petition
No.56/2020 when the petitioner was not inside the jail.
Learned counsel for the petitioner has placed on record the
certified copy of the ordersheet of the trial court wherein it is
mentioned that accused has surrendered on 02.02.2021 and now
he is in custody.
(2 of 3) [SOSR-77/2021]
Heard.
Admit. Issue notice. Call for the record.
Learned Public Prosecutor accepts notice on behalf of the
respondent No.1-State. Let notice be issued to respondent No.2
only, returnable within six weeks.
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 subject to depositing the 50% of the cheque amount.
Accordingly, the second bail 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 Special Magistrate
(NI Act Cases) No.4, Udaipur vide judgment dated 03.12.2016 in
Criminal Case No.1471/2015 (Old No.2601/2013) and affirmed by
the learned Additional Sessions Judge No.5, Udaipur vide
judgment dated 03.12.2019 in Criminal Appeal No.50/2016 (CIS
No.398/2016) against the accused-petitioner Mahesh Daya S/o
Shankar Lal Daya shall remain suspended till the final disposal of
aforesaid revision subject to depositing 50% of the cheque
amount and he 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 05.04.2021 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.
(3 of 3) [SOSR-77/2021]
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.
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),J
158-NK/-
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