Rajasthan High Court - Jodhpur
Subhash Bhai vs Kana Ram (2025:Rj-Jd:8675) on 12 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:8675]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 38/2025
Subhash Bhai S/o Shri Tejmal, Aged About 61 Years, R/o
Proprietor Of Ambika Paper Industries, Abu Road, District Sirohi
(Raj.)
----Petitioner
Versus
1. Kana Ram S/o Shri Vagaji, R/o Rajgarh, Tehsil Reodar,
Dist. Sirohi,raj.
2. State Of Rajasthan, Through PP
----Respondents
For Petitioner(s) : Mr. Jay Prakash
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. Om Prakash Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
12/02/2025
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and perused the material available on record.
This is second application for suspension of sentence.
Learned counsel for the petitioner(s) submits that petitioner
has surrendered before the concerned trial court and now he is in
custody since 30.01.2025 and there is no chance of hearing of the
revision in near future, therefore, the substantive sentence of the
petitioner(s) may be suspended and he may be released on bail.
Learned Public Prosecutor has opposed the second
application for suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the petitioner(s) and having regard to the facts and
[2025:RJ-JD:8675] (2 of 3) [SOSR-38/2025]
circumstances of the case including the fact that there is no
chance of hearing of the revision in near future, this court is of the
opinion that it is a fit case for suspending the substantive
sentence awarded to the accused petitioner(s).
Accordingly, the second application for suspension of
sentence filed under Section 438/442 BNSS is allowed and it is
ordered that the substantive sentences passed by learned Judicial
Magistrate, Reodar, District Sirohi in Criminal Case No.366/2010
vide order dated 19.09.2018 as affirmed by the learned Session
Judge, District Sirohi vide order dated 09.12.2021 in Criminal
Appeal No.43/2018 against the petitioner/applicant(s) - Subhash
Bhai S/o Shri Tejmal shall remain suspended till final disposal of
the revision and he/she/they shall be released on bail subject to
deposit of 50% of the cheque amount before the trial court, which
shall be disbursed immediately to the respondent/complainant,
provided he/she/they 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/her/their appearance
in this court on 12.03.2025 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.
[2025:RJ-JD:8675] (3 of 3) [SOSR-38/2025]
4. The petitioner(s) shall deposit 50% of the
cheque amount before the trial court, which shall
be disbursed immediately to the
respondent/complainant on an application being
filed. Any amount already deposited by the
petitioner(s) shall be adjusted with the said 50% of
the cheque amount.
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.
(MANOJ KUMAR GARG),J
192-mSingh/-
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