Rakesh Kumar vs Kailashdas
2023 Latest Caselaw 976 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 46/2023

Rakesh Kumar S/o Shri Ramesh Kumar, Aged About 38 Years, B/ c Jain (Sethiya) R/o Sethiya Sut Main Bazar Ahore Through Sethiya Tent House Madhopura Tehsil Ahore Dist. Jalore Raj. (At Present Lodged In Dist. Jail Jalore)

----Petitioner Versus Kailashdas S/o Chimniram, R/o Bheswada At Present Madhopura Tehsil Ahore Dist. Jalore Raj.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Chandrasen Rathore
For Respondent(s)        :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

24/01/2023

Heard.

Admit.

Issue notice to respondent.

Call for the record.

Heard learned counsel for the petitioner and learned public

prosecutor on application of suspension of sentence No.11/2023.

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 sentence awarded to the accused-petitioner.

Accordingly, the application for suspension of sentence filed

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

(2 of 3) [CRLR-46/2023]

sentence passed by learned Judicial Magistrate, Jalore in Cr.

Original Case No.68/2013 vide order dated 21.11.2026 as

affirmed by the learned Sessions Judge, Jalore vide order dated

15.10.2022 in Cr. Appeal No.42/2021 against the petitioner-

applicant Rakesh Kumar S/o Ramesh Kumar, shall remain

suspended, till final disposal of the aforesaid revision and he shall

be released on bail, provided the petitioner deposits 25% of the

cheque amount before the learned trial Court and also 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 24.2.2023 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 appeal 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.

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 and disposal of cases in the trial court. In

case the said accused applicant(s) does not appear before the trial

(3 of 3) [CRLR-46/2023]

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

Court for cancellation of bail.

(MADAN GOPAL VYAS),J 263-CPGoyal/-

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