Rajasthan High Court - Jodhpur
Nirbhay Pandey vs Jitendra Rajpurohit on 3 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No.212/2021
Nirbhay Pandey S/o Devnarain Pandey, aged about 32 years,
Office Address: Proprietor, T&T Engineers, 112 Karni Nagar
Khirni Fatak ke Pass, Jhotwara, Jaipur, resident of 784/794,
Omaxe City Phase-I, Ajmer Express way, Jaipur (Raj.
(At present lodged in Central Jail, Jodhpur)
----Petitioner
Versus
1. Jitendra Rajpurohit S/o late Sh. Amar Singh, resident of
30, Masuria Police Chowki Ke Paas, Barkatulla Statdium
Ke Saamne, Pal Road, Jodhpur (Raj.)
2. State of Rajasthan through PP
Respondents
For Petitioner(s) : Mr.Surya Prakash Sharma, Adv.
For Respondent(s) : Mr.Mukthiyar Khan, Public Prosecutor
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
03/03/2021
Learned counsel for the petitioner submits that the petitioner
was not present before the trial court at the time of passing of the
impugned judgment. The petitioner has been arrested and now, is
in judicial custody since 25.02.2021.
Heard.
Admit. Issue notice. Call for the record.
Learned Public Prosecutor accepts notice on behalf of the
respondent No.2-State. Let notice be issued to respondent No.1
only, returnable within six weeks.
Heard learned counsel for the petitioner and learned public
(2 of 3)
prosecutor on Application for Suspension of Sentence
No.1211/2021.
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 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 Special Metropolitan
Magistrate (N.I. Act Cases), No.7, Jodhpur Metropolitan vide
judgment dated 19.10.2019 in Criminal Original Case No.38/2016
(N.C.V. No.5875/2017) and affirmed by the learned Additional
Sessions Judge No.5, Jodhpur Metropolitan vide judgment dated
21.01.2021 in Criminal Appeal No.638/2019 (N.C.V. No.638/2019)
against the accused-petitioner Nirbhay Pandey S/o Devnarain
Pandey 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 06.04.2021 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.
2. That if the petitioner changes the place of
residence, he will give in writing his changed
(3 of 3)
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.1 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
C-2 NK/-
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