Kamlesh vs State Of Rajasthan
2021 Latest Caselaw 6543 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Suspension Of Sentence(Revision) No. 58/2021

Kamlesh S/o Sh. Omprakash @ Prakash, Aged About 35 Years, B/c Kanjar, R/o Dhoodh Talai, Police Station Bijaypur, Tehsil And District Chittorgarh (Raj.).

(At Present Lodged In District Jail, Chittorgarh).

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr.R.S.Chundawat, Adv. For Respondent(s) : Mr.Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

04/03/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the record of the case.

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 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 Chief

Judicial Magistrate No.2, Chittorgarh, vide judgment dated

(2 of 3) [SOSR-58/2021]

14.02.2017 in Criminal Regular Case No.414A/2015 (CIS

No.2370/2014) and affirmed by the learned Additional Sessions

Judge No.3, Chittorgarh vide judgment dated 06.02.2021 in

Criminal Appeal No.64/2017 against the accused-petitioner

Kamlesh S/o Om Prakash @ Prakash shall remain suspended till

the final disposal of aforesaid revision subject to depositing the

fine 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

07.04.2021 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 change 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. That the petitioner shall deposit the fine amount as directed by the trial court.

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

(3 of 3) [SOSR-58/2021]

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

153-prashant/NK

Powered by TCPDF (www.tcpdf.org)