Rajasthan High Court - Jodhpur
Madan Lal vs State Of Rajasthan on 20 January, 2023
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 64/2023
Madan Lal S/o Shri Mohan Lal Suhalka, Aged About 60 Years, R/
o House No. 29, Sector No. 11, Goverdhan Vilas, Udaipur,
District Udaipur. (Presently Lodged In Dist. Jail, Udaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Mishri Lal S/o Shri Amba Lal, R/o University Road,
Udaipur, District Udaipur.
----Respondents
For Petitioner(s) : Mr. Vipin Mankad
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
20/01/2023
Heard.
Admit.
Learned Public Prosecutor accepts notice on behalf of
respondent-State. Issue notice to respondent No.2.
Heard on application for suspension of sentence No.17/2023.
Learned counsel for the petitioner submits that the petitioner
is behind bars since long and disposal of the revision petition will
take time. 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.
(2 of 3) [CRLR-64/2023]
Accordingly, the application for suspension of sentence filed
under Section 397/401 Cr.P.C. is allowed and it is ordered that the
substantive sentences passed by the Learned Additional Chief
Judicial Magistrate No.03, Udaipur, District Udaipur in Criminal
Regular Case No.1122/2017 vide Judgment dated 11.04.2022 as
affirmed by the Learned Special Sessions Judge(SC/ST Act Cases),
Udaipur, District Udaipur, vide order dated 16.01.2023 in Cr. Appeal
No.06/2022 against the petitioner - Madan Lal S/o Shri Mohan
Lal Suhalka, 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
sureties of Rs.50,000/- each of to the satisfaction of the learned trial
Judge for his appearance in this court on 20.02.2023 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 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
(3 of 3) [CRLR-64/2023]
and disposal of cases in the trial court. In 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.
(MADAN GOPAL VYAS),J
29-neha/-
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