Dharmendra vs State Of Rajasthan
2023 Latest Caselaw 4859 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 567/2023

Dharmendra S/o Jagdish Joshi, Aged About 37 Years, R/o Choti Sarwan, P.S. Danpur, Teh. and Dist. Banswara. (Accused Lodged At Dist. Jail, Banswara).

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr.Vijay Kumar, Adv. For Respondent(s) : Mr.S.K.Mehar, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 18/05/2023

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused 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, Talwara, Distt. Banswara vide

judgment dated 04.05.2022 in Criminal Original Case

No.381/2019 and affirmed by the learned Sessions Judge,

Banswara vide judgment dated 13.04.2023 in Criminal Appeal

No.66/2022 (CIS No.66/2022) against the accused-petitioner

Dharmendra S/o Jagdish Joshi shall remain suspended till the final

(2 of 2) [CRLW-567/2023]

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 18.07.2023 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 appellant 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

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

cancellation of bail.

(MANOJ KUMAR GARG),J 178-NK/-

Powered by TCPDF (www.tcpdf.org)