Dinesh vs State Of Rajasthan
2022 Latest Caselaw 2735 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 505/2021

Dinesh S/o Laxman, Aged About 58 Years, B/c Dabi Adavasi, R/o Kundanpur, Police Thana Bajana, Dist. Ratalam (M.p.) (Lodged At Dist. Jail, Banswara)

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

----Respondent

For Petitioner(s) : Mr. Mridul Jain Mr. Bhagat Dadhich For Respondent(s) : Mr. Mool Singh Bhati, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

17/02/2022

Heard.

Admit. Issue notice.

Learned Public Prosecutor accepts notices on behalf of

respondent-State. Service is, therefore, complete.

Heard learned counsel for the parties on application for

suspension of sentence (SB RSTAY No.4145/2021).

Having considered the facts and circumstances of the case

and substantial grounds in the writ petition, this Court is of the

opinion that there are strong grounds for challenging the

judgments of conviction and as hearing of the writ petition is likely

to take time, this Court is inclined to suspend the sentence

awarded to the petitioner.

(2 of 3) [CRLW-505/2021]

Accordingly, the application for suspension of sentence (SB

RSTAY No.4145/2021) is allowed and it is directed that the

sentence awarded to petitioner - Dinesh S/o Laxman by the Gram

Nyayalaya, Talwara, District Banswara vide judgment dated

07.02.2015 and affirmed by Sessions Judge, Banswara vide

judgment dated 26.07.2021 shall remain suspended till final

disposal of the aforesaid writ petition provided he executes a

personal bond for a sum of Rs.40,000/- along with two solvent

sureties in the sum of Rs.20,000/- each to the satisfaction of the

learned trial court for his appearance before this Court on

16.03.2022 and whenever called upon to do so till the disposal of

the writ petition on the conditions inidcated below:-

(1) That he/she/they will appear before the trial court

in the month of January of every year till the writ

petition is decided.

(2) That if the petitioner(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(s)

to the trial court.

The learned trial court shall keep the record of attendance of

the accused-petitioner(s) in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-petitioner(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) [CRLW-505/2021]

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-petitioner(s) does not appear before the

trial court, the learned trial court shall report the matter to the

High Court for cancellation of bail.

(VIJAY BISHNOI),J 35-Babulal/-

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