Sukha Ram vs State Of Rajasthan
2022 Latest Caselaw 14225 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence (Revision) Application No.474/2022

In

S.B. Criminal Revision Petition No. 1481/2022

Sukha Ram S/o Sh. Purkha Ram, Aged About 48 Years, B/c Jat, R/o Gorau, At Present Deh, Dist. Nagaur (Raj.). (Lodged In Central Jail Ajmer).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Pradeep Choudhary For Respondent(s) : Mr. Gaurav Singh, PP

JUSTICE DINESH MEHTA

Order

02/12/2022

1. The present application for bail (suspension of sentence) has

been filed by the applicant inter alia stating that the applicant is

facing the trial since 2001.

2. The applicant has been convicted for the offence under

Section 3/7 of the Essential Commodities Act, vide judgment and

order dated 13.01.2011, passed by learned Chief Judicial

Magistrate, Nagaur, in Criminal Original Case No.338/2001 which

has been affirmed by the learned Additional Sessions Judge,

Nagaur vide judgment dated 25.11.2022, passed in Criminal

Appeal No.03/11 (161/2015).

(2 of 3) [CRLSOSR-474/2022]

3. Learned counsel for the applicant argued that both the

Courts below have ignored material evidence and have failed to

appreciate the arguments advanced on behalf of the applicant.

4. Learned Public Prosecutor vehemently opposed the

application for suspension of sentence.

5. Having regard to the facts and circumstances of the case,

considering the submissions made on behalf of the respective

parties; the material made available for my perusal; the fact that

the decision of the present revision is likely to take time, I am

inclined to suspend the sentence awarded to the applicant during

the pendency of the present criminal revision petition.

6. Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence passed by learned

Chief Judicial Magistrate, Nagaur vide judgment and order dated

13.01.2011, as affirmed by the Additional Sessions Judge No.2,

Nagaur, vide its judgment dated 25.11.2022, against the accused-

applicant Sukha Ram S/o Sh. Purkha Ram shall remain suspended

till final disposal of present revision petition provided he executes

two sureties in the sum of Rs.25,000/- each and a personal bond

in the sum of Rs.50,000/- to the satisfaction of the concerned trial

Court for his appearance in this Court on 03.01.2023 and

whenever ordered to do so, till the disposal of the revision petition

on the conditions indicated below:-

1. That he will appear before the trial court in the month of January every year till the revision is decided.

2. That if the applicant changes the place of residence, he will give the changed address in writing to the trial court, High Court as well as to his counsel in the High Court.

(3 of 3) [CRLSOSR-474/2022]

3. Similarly if sureties change their addresses, they will give in writing their changed address to the trial court.

7. The learned trial court shall keep the record of attendance of

the accused - applicant in a separate file. Such file be registered

as Criminal Misc. Case related to the Criminal Original Case in

which the accused - applicant 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 applicant does not appear before

the trial Court, the learned trial Judge shall report the matter to

the High Court for cancellation of bail.

(DINESH MEHTA),J 185-pooja/-

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