Rajasthan High Court - Jodhpur
Hansraj vs State Of Rajasthan ... on 24 January, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/002101]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. II Suspension Of Sentence(Revision) No. 448/2022
Hansraj S/o Sh. Sahabram, Aged About 52 Years, Vill. 6 Hh, Ps
Chunawad, Teh. And Dist. Sri Ganganagar, Raj. (At Present
Lodged In Central Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. IR Choudhary
Ms. Aaju Devi
Mr. Pawant Bharti
Mr. Abdul Kadir
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/01/2023
Learned counsel for the petitioner has referred to the
judgment rendered by Hon'ble Allahabad High Court in Dal chand
& Ors. Vs. State of UP, reported in 2000 CRI. L. J. 4579, in which,
the Hon'ble Allahabad High Court has laid down that second
suspension of sentence application is maintainable.
Learned counsel for the petitioner submits that the petitioner
is in judicial custody since last about nine months. Learned
counsel further submits that the petitioner was on bail during trial.
Learned Public Prosecutor opposes the suspension of
sentence application.
I have considered the rival arguments advanced by the
parties and perused the judgments of the courts below.
Looking to the facts and circumstances of the case and the
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[2023/RJJD/002101] (2 of 3) [SOSR-448/2022]
short sentence awarded by the learned trial court, this Court
deems it just and proper to suspend the sentence awarded to the
accused petitioner.
Accordingly, the present second Suspension of Sentence filed
under Section 389 of Cr.P.C. is allowed and it is ordered that the
sentence passed by the learned Additional Chief Judicial
Magistrate No.2, Sriganganagar in Criminal Case No.235/2014
vide order dated 06.09.2014 as affirmed by the learned Additional
Sessions Judge No.2, Sriganganagar vide order dated 03.06.2022
in Criminal Appeal No.81/2017 against the petitioner Hansraj
S/o Sh. Sahabram 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.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance in this Court on 27.02.2023 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 revision 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. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
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[2023/RJJD/002101] (3 of 3) [SOSR-448/2022]
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 said
accused-petitioner does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
215-Sudheer/-
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