Rajasthan High Court
Krashna Hajra S/O Kartik Hajra vs State Of Rajasthan on 6 February, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.21/2024
In
S.B. Criminal Revision Petition No. 39/2024/
Krashna Hajra S/o Kartik Hajra, aged about 37 Years, R/o Village
Polsunda Police Station Tehoto District Nadiya (West Bengal) At
Present R/o House No. 2212 Sailo Ki Gali, Police Station
Nahargadh Road Jaipur
----Petitioner
Versus
State of Rajasthan, through P.P.
----Respondent
For Petitioner(s) : Mr. Vinod Kumar Sharma
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
06/02/2024
The instant application for suspension of sentence under
Section 389 Cr.P.C. has been preferred by accused-applicant
against the judgment dated 15.12.2023 passed by learned
Additional District & Session Judge No.-6, Jaipur Metropolitan -II in
Criminal Appeal No.117/2022 (CIS No.783/2022), whereby, the
judgment of conviction and sentence dated 29.09.2022 passed by
the learned Chief Metropolitan Magistrate, Jaipur Metropolitan -II
in Criminal Case No.1318/2022 (1544/2012), C.N.R.
No.46506/2022 was upheld and sentenced as under:-
Offence Under Imprisonment Fine Sentence in
Section default of fine
392 IPC Three Year's RI Rs.5,000/- 3 Month's SI
(2 of 3) [CRLR-39/2024]
Heard learned counsel for the accused-appellant and learned
Public Prosecutor on the application for suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the accused-appellant 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-appellant during pendency of the instant criminal
revision.
Accordingly, the application for suspension of sentence
appliation filed under Section 397 Cr.P.C. is allowed and it is
ordered that the sentences passed by the learned Chief
Metropolitan Magistrate, Jaipur Metropolitan -II in Criminal Case
No.1318/2022 (1544/2012), C.N.R. No.46506/2022 vide order
dated 29.09.2022 as affirmed by learned Additional District &
Session Judge No.-6, Jaipur Metropolitan -II in Criminal Appeal
No.117/2022 (CIS No.783/2022) against the accused-appellant
Krashna Hajra S/o Kartik Hajra, 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 of 3) [CRLR-39/2024]
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
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(PRAVEER BHATNAGAR),J
392-/DHARMENDRA RAKHECHA
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