Rajasthan High Court - Jodhpur
Subhash Chandra vs State on 17 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 203/2020
Subhash Chandra S/o Ramchandra, Aged About 50 Years, R/o
Chak 3 STR, Tehsil Gharsana, Distt. Sri Ganganagar (Raj.).
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr.Devi Lal Rawla, Adv.
For Respondent(s) : Mr.S.S.Rajpurohit, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
17/03/2021
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 Judicial Magistrate,
Gharsana, Distt. Sri Ganganagar vide judgment dated 09.03.2018
in Criminal Regular Case No.473/2013 and affirmed by the learned
Additional Sessions Judge, Gharsana, Distt. Sri Ganganagar vide
(2 of 3) [SOSR-203/2020]
judgment dated 05.09.2020 in Criminal Appeal No.40/2018 (Old
Case No.45/2018)(CIS No.40/2018) against the accused-
petitioner Subhash Chandra S/o Ramchandra 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 19.04.2021 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
pendency and disposal of cases in the trial court. In case the
accused-petitioner does not appear before the trial court, the
(3 of 3) [SOSR-203/2020]
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MANOJ KUMAR GARG),J
172-NK/-
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