Ramswaroop @ Pukhraj vs State
2021 Latest Caselaw 7231 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 223/2020

Ramswaroop @ Pukhraj S/o Sh. Bhanwarlal, Aged About 38 Years, By Caste Jat, R/o Balaya, Police Station Mundwa, District Nagaur (Raj.). (Presently Lodged In Sub Jail, Merta).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Ashok Kumar Panwar on behalf of Mr. Vineet Jain.

For Respondent(s) : Mr. Sudhir Tak, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

15/03/2021

Heard.

Admit.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor on Application for Suspension of Sentence

No.69/2020.

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 is

allowed and it is ordered that the substantive sentences passed by

Learned Additional Chief Judicial Magistrate, Merta in Criminal

(2 of 3) [CRLR-223/2020]

Regular Case No.99/2012 vide order dated 15.12.2012 and as

affirmed by the Learned Special Judge, SC/ST (Prevention of

Atrocities) Act Cases, Merta, District Nagaur, vide order dated

10.01.2020 in Criminal Appeal No.249/2014 against the petitioner

Ramswaroop @ Pukhraj S/o Sh. Bhanwarlal, shall remain

suspended till final disposal of the aforesaid revision and he shall

be released on bail subject to deposit the fine amount as imposed

by the learned trial Court, provided he executes 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 15.04.2021 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. Petitioner/petitioners shall deposit the fine

amount as imposed by the learned trial Court.

(3 of 3) [CRLR-223/2020]

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

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 154-Prashant/NK

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