Rajasthan High Court
Radhey @ Radheyshyam Son Of Lohade Koli vs State Of Rajasthan (2024:Rj-Jp:21737) on 8 May, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:21737]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. II Suspension of Sentence Application
No.260/2024
In
S.B. Criminal Revision Petition No. 200/2021
Radhey @ Radheyshyam Son Of Lohade Koli, R/o Khanpur, Police
Station, Todabhim, District Karauli (Raj) (At Present Confined At
Sub Jail Karauli)
----Petitioner
Versus
State Of Rajasthan, Through P.p
----Respondent
For Petitioner(s) : Mr. Jiya Ur Rehman
For Respondent(s) : Mr. Babulal Nasuna-PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
08/05/2024
The petitioner-accused herein has been convicted and
sentenced vide judgment dated 16.01.2013 passed by learned
Judicial Magistrate First Class, Todabhim (Karauli) in Criminal Case
No.274/2007 as under:-
Offence Under Imprisonment Fine Sentence in
Section default of fine
456 of IPC 01 year S.I. Rs.1,000/- 01 month S.I.
354 of IPC 01 year S.I. Rs.1,000/- 01 month S.I.
Heard learned counsel for the petitioner-applicant on the
second suspension of sentence application.
Learned counsel for the petitioner submits first suspension of
sentence application was allowed vide order dated 24.03.2021.
[2024:RJ-JP:21737] (2 of 3) [CRLR-200/2021]
Due to inadvertent reasons, petitioner could not mark his
presence before the Court, thereafter on 17.01.2024, the order
dated 24.03.2021 was recalled and petitioner was directed to call
with the arrest warrant. Petitioner was arrested by the concerned
Police Station and sent to the judicial custody. Therefore,
considering the above facts, the second application for suspending
the sentence may be allowed and further proceedings initiated
under Section 446 of Cr.P.C. may be dropped.
Learned Public Prosecutor vehemently opposes the second
suspension of sentence application.
Considering the fact that first suspension of sentence
application was allowed by this Court and thereafter petitioner
could not mark his presence before this Court and after arrest, he
has been sent to custody and regular hearing of criminal revision
petition may take considerable time, I consider it just and proper
to suspend the sentences awarded to the accused-petitioner.
In view of the above, the proceedings under Section 446
Cr.P.C. as against the petitioner is dropped.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences awarded by learned Judicial Magistrate First Class,
Todabhim (Karauli) vide order dated 16.01.2013 as affirmed by
learned Additional District & Sessions Judge No.2, Hindaun City,
District Karauli in Criminal Appeal No.47/2015 vide order dated
08.02.2021 against the petitioner Radhey @ Radheyshyam Son
Of Lohade Koli, R/o Khanpur, shall remain suspended till final
disposal of the aforesaid revision and he shall be released on bail,
[2024:RJ-JP:21737] (3 of 3) [CRLR-200/2021]
provided he executes a personal bond in the sum of Rs.50,000/-
with two sureties of Rs.25,000/- each to the satisfaction of
Registrar (Judicial) for his appearance in this court on 10.06.2024
and whenever ordered to do so, till the disposal of the revision on
the conditions indicated below:-
1. That if the applicant(s) changes the place of
residence, he will give in writing his changed
address to Registrar (Judicial) as well as to the
counsel in the High Court.
2. Similarly, if the sureties change his address(s),
he will give in writing their changed address to
Registrar (Judicial)
(PRAVEER BHATNAGAR),J
44-Rahul Joshi
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