Rajasthan High Court - Jodhpur
Swaroopa Ram @ Swaroop Singh vs State Of Rajasthan on 9 November, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 553/2021
Swaroopa Ram @ Swaroop Singh S/o Shri Deep Singh, Aged
About 41 Years, B/c Suthar, R/o Ballu Singh Ki Dhani, Tehsil
Bhaniyana, District Jaisalmer (Raj.) (At Present Lodged In
Central Jail, Jaisalmer)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. C.P. Soni
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
09/11/2021
Issue notice.
Learned Public Prosecutor appears on behalf of the
respondent. Service is, therefore, complete. Learned Public
Prosecutor seeks some time to file reply to the writ petition.
Heard learned counsel for the petitioner on the stay
application for suspension of sentence.
Learned counsel for the petitioner submits that it was clean
and simple accident for which the petitioner is not responsible as
the deceased while crossing the road was not vigilant and because
of that the accident occurred. He further submits that the
petitioner has already undergone incarceration of one month and
the sentence awarded is two years of simple imprisonment.
Considering the fact that it was an accident wherein, no
intention could be attributed to the petitioner for causing the fatal
injuries to the deceased, the sentence awarded vide Judgment
dated 29.09.2018 passed by the Gram Nyayalaya Sakada, Head
(2 of 2) [CRLW-553/2021]
Quarter Pokarana, District Jaisalmer, confirmed by appellate order
dated 06.10.2021 passed by the Additional Session Judge,
Pokaran, District Jaisalmer shall remain suspended till final
disposal of the criminal writ petition, provided he executes a
personal bond in a sum of Rs. 50,000/- with two sureties of Rs.
25000/- each to the satisfaction of the trial court for his
appearance before this Court on 10.12.2021 and whenever
ordered to do so, till the disposal of the criminal writ petition on
the conditions indicated below:-
1. That he will appear before the trial Court in the month of
January of every year till the writ is decided.
2. That if the appellant 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 address, they will
give in writing their changed address to 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 said
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.
(VINIT KUMAR MATHUR),J
234-Shahenshah/-
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