Citation : 2021 Latest Caselaw 16436 Raj
Judgement Date : 28 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 814/2021
Dula Ram S/o Mohan Lal, Aged About 62 Years, b/c Kapurisar, Tehsil Loonkaransar, Dist. Bikaner. (At Present Lodged At Sub Jail, Nohar).
----Petitioner Versus State Of Rajasthan through Public Prosecutor
----Respondent
For Petitioner(s) : Mr.Kamal Deep Singh, Adv. For Respondent(s) : Mr.Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/10/2021
Heard.
Admit.
Heard learned counsel for the petitioner and learned public
prosecutor on Application for Suspension of Sentence
No.246/2021.
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
Nohar, Distt. Hanumangarh vide judgment dated 15.05.2015 in
(2 of 3) [CRLR-814/2021]
Criminal Case No.60/2007 (CIS No.2199/2014) and affirmed by
the learned Additional Sessions Judge No.2, Nohar, Distt.
Hanumangarh vide judgment dated 24.09.2021 in Criminal Appeal
No.97/2015 against the accused-petitioner Dula Ram S/o Mohan
Lal 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 29.11.2021 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
(3 of 3) [CRLR-814/2021]
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
222-NK/-
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