Pankaj Lavati vs State Of Rajasthan
2021 Latest Caselaw 16191 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 76/2021 Pankaj Lavati S/o Shri Jagdish Lavati, Aged About 41 Years, R/o 1-P-37, Gayatri Nagar, Sector No. 05, Police Station Hiranmagari, Udaipur, Rajasthan. (At Present Lodged In Central Jail Udaipur).

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. Deepak Menaria For Respondent(s) : Mr. BR Bishnoi, AGC

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

25/10/2021

Heard learned counsel for the appellant and learned Public

Prosecutor.

Learned counsel for the appellant submits that after arrest of

the appellant, no test identification parade was conducted. He

further submits that the appellant was not present at the time of

occurrence and he has been involved in the present case only with

the aid of Section 120B IPC. Counsel further submits that the

appellant was on bail during the trial. In these circumstance, the

sentence of the appellant may be suspended and he may be

released on bail.

Learned Public Prosecutor has vehemently opposed the

prayer for suspension of sentence.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

(2 of 3) [SOSA-76/2021]

of the case, this Court is of the opinion that it is a fit case for

suspending the substantive sentences awarded to the accused

appellant.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

substantive sentences passed by the learned Addl. Sessions Judge

No.4, Udaipur, vide judgment dated 14.01.2021 in Sessions Case

No.67/2017 (497/2014) against the applicant Pankaj Lavati S/o

Shri Jagdish Lavati, shall remain suspended till final disposal of the

aforesaid appeal 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/-

with two sureties of Rs.50,000/- each to the satisfaction of the

learned trial Judge for his appearance in this court on 26.11.2021

and whenever ordered to do so till the disposal of the appeal 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 appeal 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 shall deposit the fine amount as imposed by the learned trial Court.

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

(3 of 3) [SOSA-76/2021]

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 149-MS/-

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