Rajasthan High Court - Jodhpur
Ompal Singh vs State Of Rajasthan on 28 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 808/2021
Ompal Singh S/o Gokul Singh, Aged About 54 Years, B/c Rajput,
R/o Kolila, P.S. Shahjanpur District Alwar At Present Plot No. 68,
Rani Colony, Niwaru Road, Jaipur (Rajasthan) (At Present Lodge
At Sub Jail Phalodi District Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Hitendra Singh.
For Respondent(s) : Mr. Mukesh Trivedi, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
28/10/2021
Heard.
Admit.
Heard learned counsel for the petitioner as well as learned
Public Prosecutor on Application for Suspension of Sentence
No.243/2021.
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 for suspension of sentence is
allowed and it is ordered that the substantive sentences passed by
Learned Additional Chief Judicial Magistrate No.1, Phalodi, District
(2 of 3) [CRLR-808/2021]
Jodhpur in Criminal Case No.1432/2006 vide order dated
18.07.2019 and as affirmed by the Learned Additional District and
Session Judge Phalodi, District Jodhpur in Criminal Appeal
No.23/2019 vide judgment and order dated 28.09.2021 against
the petitioner Ompal Singh S/o Gokul Singh, 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 his
appearance in 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/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.
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
(3 of 3) [CRLR-808/2021]
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
254-prashant/-
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