Raju @ Rajendra Prasad vs State Of Rajasthan
2023 Latest Caselaw 534 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Suspension Of Sentence(Revision) No. 476/2022

In

S.B. Criminal Revision Petition No.1485/2022

Raju @ Rajendra Prasad S/o Shri Kalu Ram, Aged About 46 Years, R/o Dhankoli, Police Station Maulasar, Tehsil Didwana, District Nagaur.

(At Present Lodged At Sub Jail, Didwana)

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

----Respondent

For Petitioner(s) : Mr. Bhola Ram Chahar For Respondent(s) : Mr. Sumer Singh Rajpurohit, P.P.

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

12/01/2023

Heard learned counsel for the applicant-petitioner and

learned Public Prosecutor.

Learned counsel for the applicant-petitioner submits that

that during trial petitioner was on bail, therefore, his sentence

may be suspended.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

I have bestowed my consideration to the arguments

advanced at the Bar.

(2 of 3) [SOSR-476/2022]

Having regard to the facts and circumstances of the case, I

feel persuaded to accept this application for suspension of

sentence.

Accordingly, the application for suspension of sentence filed

under Section 397/401 Cr.P.C. is allowed and it is ordered that

sentence passed by learned Additional Chief Judicial Magistrate,

Didwana, District Nagaur, in Cr. Original Case No.164/2005 vide

judgment dated 03.12.2015, as affirmed by learned Additional

Sessions Judge, Didwana, District Nagaur, vide judgment dated

25.11.2022 in Cr. Appeal No.72/2015, against applicant-petitioner,

Raju @ Rajendra Prasad S/o Shri Kalu Ram, shall remain

suspended till final disposal of the aforesaid revision and he shall

be released on bail, provided he executes a personal bond in the

sum of Rs.1,00,000/- with two surety bonds of Rs.50,000/-each to

the satisfaction of learned trial Judge for his appearance in this

Court on 13.02.2023 and whenever ordered to do so, till disposal

of the revision 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 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 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-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to 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

(3 of 3) [SOSR-476/2022]

not be taken into account for statistical purposes relating to

pendency and disposal of cases in the trial Court. In case the

accused applicant fails to appear before the trial Court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(MADAN GOPAL VYAS),J 80-Bharti/-

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