Rajasthan High Court
Kamal Prakash Verma S/O Shri ... vs State Of Rajasthan on 22 August, 2022
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1166/2022
Kamal Prakash Verma S/o Shri Bhairuram, Resident Of Bad
Devari Behind Shipra Path Police Station, Bairwa Colony, Jaipur
Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Shahid Mohammad S/o Shri Wazir Mohammad, Resident
Of Sunaro Ki Gali, Kagaji Mohalla, Sanganer, Jaipur
----Respondents
For Petitioner(s) : Mr. Vijay Singh Yadav.
For Respondent(s) : Mr. Imran Khan, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment / Order
22/08/2022
Heard.
Admit. Issue notice. Call for the record.
Learned Public Prosecutor accepts notice on behalf of
respondent No.1-State. Let notice be issued to respondent No.2
only, returnable within six weeks.
Heard learned counsel for the petitioner and learned Public
Prosecutor on Application for Suspension of Sentence
No.370/2022.
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-
(2 of 3) [CRLR-1166/2022]
petitioner subject to depositing the 50% of the cheque
amount.
Accordingly, the application under Section 397(1) read with
Section 401 Cr.P.C. for suspension of sentence (Revision)
No.370/2022 is allowed and it is ordered that the substantive
sentence passed by the learned Additional Civil Judge &
Metropolitan Magistrate No.33 (presently No.18) Jaipur
Metropolitan First Sanganer in Criminal Case No.1712/2019
(3594/2009) : Shahid Mohammad Vs. Kamal Prakash Verma vide
order/judgment dated 18.11.2019, as affirmed by the learned
Additional Sessions Judge No.10, Jaipur Metropolitan First, (Head
Quarter Sanganer) in Criminal Appeal No.97/2019 vide
order/judgment dated 29.06.2022 against the accused-petitioner
Kamal Prakash Verma S/o Shri Bhairuram shall remain
suspended till the final disposal of aforesaid revision petition
provided the accused petitioner deposits 50% of the cheque
amount and he 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 23.09.2022 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 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 of 3) [CRLR-1166/2022]
3. Similarly, if the sureties change their
addresses, they will give in writing their
changed address to the trial Court.
4. Accused-Petitioner shall deposit 50% of the
cheque amount before the trial Court which
shall be disbursed to the respondent on a
proper application being filed. It is made
clear that the amount already deposited
by the petitioner shall be adjusted
towards the 50% of the cheque amount.
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
learned trial Judge shall report the matter to this Court for
cancellation of bail.
(KULDEEP MATHUR),J
15. PRASHANT JHA
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