Citation : 2023 Latest Caselaw 4325 Raj
Judgement Date : 9 May, 2023
[2023/RJJD/014266]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 685/2023
Pukhraj Mewara S/o Shri Shankar Lal, Aged About 48 Years, R/o Sojat Road, Police Station Sojat Road, District Pali.
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr.D.L.Vyas, Adv. For Respondent(s) : Mr.Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
09/05/2023
Learned counsel for the petitioner submits that the petitioner
has already surrendered before the Chief Judicial Officer, Gram
Nyayalaya, Sanchore.
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and gone through the record.
Admit.
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 is
allowed and it is ordered that the sentence passed by the learned
Magistrate of Gram Nyayalya, Sanchore, Distt. Jalore vide
judgment dated 03.12.2012 in Criminal Original Case No.47/2011
and affirmed by the learned Additional Sessions Judge, Sanchore,
[2023/RJJD/014266] (2 of 3) [CRLW-685/2023]
vide judgment dated 22.09.2022 in Criminal Appeal No.02/2020
(CIS No.79/2020) against the accused-petitioner Pukhraj Mewara
S/o Shri Shankar Lal shall remain suspended till the final disposal
of aforesaid criminal writ provided he executes a personal bond in
the sum of Rs.1,00,000/- along with two sureties in the sum of
Rs.50,000/- each to the satisfaction of the learned trial Judge for
his appearance before this court on 05.07.2023 and whenever
ordered to do so till the disposal of the criminal writ on the
conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the criminal writ is decided.
2. That if the petitioner change 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 addresses, they will give in writing their changed address to the trial Court.
4. That the petitioner shall deposit 50% of the fine amount as imposed by the trial court.
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
accused-petitioner does not appear before the trial court, the
[2023/RJJD/014266] (3 of 3) [CRLW-685/2023]
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MANOJ KUMAR GARG),J 199-NK/-
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