Citation : 2024 Latest Caselaw 854 Raj/2
Judgement Date : 5 February, 2024
[2024:RJ-JP:5904]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Suspension of Sentence Application No.74/2024
IN
S.B. Criminal Revision Petition No. 190/2024
Deshraj S/o Shri Rajaram, Aged About 30 Years, R/o Pali, Police
Station Suroth, Distt. Karauli.
----Accused-Petitioner
Versus
State of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Sukhdev Singh Solanki For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
05/02/2024
The petitioner-applicant herein has been convicted and
sentenced vide judgment dated 22.01.2024 passed by the learned
Additional Sessions Judge No.1, Hindaun City in Criminal Appeal
No.164/2015 (112/2013), C.I.S. No.164/2015 as under:-
Offence Under Imprisonment Fine Sentence in Section default of fine 279 of IPC Three Rs.1,000/- Ten days' S.I. Months' S.I. 337 of IPC Three Rs.500/- Five days' S.I. months' S.I. 304-A of IPC Two years' Rs.2,000/- Fifteen days' S.I. S.I. 3/181 of M.V. Act ---- Rs.3,000/- Ten days' S.I. 39/192 of M.V. ---- Rs.3,000/- Ten days' S.I. Act 134/187 of M.V. ---- Rs.3,000/- Ten days' S.I. Act
[2024:RJ-JP:5904] (2 of 3) [CRLR-190/2024]
Heard learned counsel for the petitioner-applicant and
learned Public Prosecutor on the application for suspension of
sentences.
Upon a consideration of the arguments advanced on behalf
of the petitioner-applicant and having regard to the facts and
circumstances as available on the record, this Court is of the
opinion that it is a fit case for suspending the sentences awarded
to the accused petitioner-applicant during pendency of the instant
revision petition.
Accordingly, the application for suspension of sentence filed
under Section 397 read with Section 401 Cr.P.C. is allowed and it is
ordered that the sentences passed by the learned Additional
Sessions Judge No.1, Hindaun City in Criminal Appeal No.164/2015
(112/2013), C.I.S. No.164/2015 vide judgment dated 22.01.2024
against the petitioner-applicant Deshraj S/o Shri Rajaram, shall
remain suspended till final disposal of the aforesaid revsion 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 to
the satisfaction of the learned trial Judge for his appearance in this
court on 07.03.2024 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.
[2024:RJ-JP:5904] (3 of 3) [CRLR-190/2024]
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
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(PRAVEER BHATNAGAR),J
162-SURAJ KUMAR
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