Santosh Singh S/O Shri Sharwan Singh vs State Of Rajasthan
2024 Latest Caselaw 677 Raj/2

Rajasthan High Court

Santosh Singh S/O Shri Sharwan Singh vs State Of Rajasthan on 30 January, 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.587/2023
                                       in

           S.B. Criminal Revision Petition No. 1953/2023

Santosh Singh S/o Shri Sharwan Singh, Aged About 44 Years,
R/o Rawatsar, Police Station Rawatsar District Hanumangarh,
Rajasthan (Confined In Sub Jail, Kekri District Ajmer)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p
                                                                ----Respondent

For Petitioner(s) : Mr. Anirudh Singh Rathore For Respondent(s) : Mr. Chitragupt Chopra, PP

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

30/01/2024 The petitioner-applicant herein has been convicted and

sentenced vide judgment dated 11.09.2013 passed by learned

Additional Chief Judicial Magistrate No.1, Kekri in Regular Criminal

Case No.329/2006 as under:-

Offence Under Imprisonment Fine Sentence in Section default of fine 19/54 of One Year SI Rs.5000/- One month SI Rajasthan Excise Act

Heard learned counsel for the petitioner-applicant and

learned Public Prosecutor on the application for suspension of

sentences.

(2 of 3) [CRLR-1953/2023]

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

Chief Judicial Magistrate No.1, Kekri in vide judgment dated

11.09.2013 in Regular Criminal Case No.329/2006 against the

petitioner-applicant Santosh Singh S/o Shri Sharwan Singh,

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 04.03.2024 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.

The learned trial Court shall keep the record of attendance of

the accused-applicant(s) in a separate file. Such file be registered

(3 of 3) [CRLR-1953/2023]

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

305- Mohit

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