Rajasthan High Court
Avinash S/O Ranveer Bhogawat 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.57/2024
In
S.B. Criminal Revision Petition No. 135/2024
Avinash S/o Ranveer Bhogawat, R/o House No. 1749, Sansi Basti
Bhagwanganj, P.S. Ramjanj Ajmer (At Present Confined at
Central Jail Jaipur)
----Petitioner
Versus
State of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Deshraj Kalwania
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 397(1) Cr.P.C. has been preferred by accused-applicant
against the judgment dated 09.01.2024 passed by learned
Additional Session Judge, Women Attocities Cases, Jaipur Metro -I
in Criminal Appeal No.27/2023, whereby, the judgment of
conviction and order of sentence dated 19.12.2022 passed by the
learned Chief Metropolitan Magistrate, Jaipur Metropolitan -I in
Criminal Case No.587/2022 (877/15) was upheld and sentenced
as under:-
Offence Under Imprisonment Fine Sentence in
Section default of fine
498A IPC Three Year SI Rs.10,000/- 1 Month's SI
406 IPC Two Year SI Rs.10,000/- 1 Month's SI
323 IPC Six Month's SI Rs.1,000/- 7 Days SI
(2 of 3) [CRLR-135/2024]
Heard learned counsel for the accused-applicant and learned
Public Prosecutor on the application for suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the accused-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-applicant 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 -I, in Criminal Case
No.587/2022 (877/15) vide order dated 19.12.2022 as affirmed
by learned Additional Session Judge, Women Attocities Cases,
Jaipur Metro -I vide order dated 09.01.2024 in Criminal Appeal
No.27/2023 against the accused-applicant Avinash S/o Ranveer
Bhogawat, 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-135/2024]
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
227-/DHARMENDRA RAKHECHA
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