Rajasthan High Court - Jodhpur
Prakash Kumar vs State Of Rajasthan (2025:Rj-Jd:4450) on 23 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:4450]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 26/2025
Prakash Kumar S/o Vagta Ram, Aged About 45 Years, R/o Village
Narsari Wala Road, Arathwada, Tehsil Sheoganj, District Sirohi
(Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Pratap Ram S/o Chatra Ram, R/o Kailash Nagar, Tehsil
Sheoganj, Dist. Sirohi,raj.
----Respondents
For Petitioner(s) : Mr. Prem Dayal Bohra
For Respondent(s) : Mr. N.K. Gurjar, GA cum AAG with
Mr. Narendra Gehlot
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
23/01/2025
Heard learned counsel for the petitioner as well as learned
AAG and perused the material available on record.
This is second application for suspension of sentence.
Learned counsel for the petitioner submits that petitioner has
surrendered before the concerned trial court and now he is in
custody since 08.01.2025 and there is no chance of hearing of the
revision in near future, therefore, the sentence of the petitioner
may be suspended and he may be released on bail.
Learned AAG has opposed the second application for
suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the petitioner and having regard to the facts and circumstances
[2025:RJ-JD:4450] (2 of 3) [SOSR-26/2025]
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.
Accordingly, the second application for suspension of
sentence filed under Section 389 Cr.P.C. (438/442 BNSS) is
allowed and it is ordered that the substantive sentences passed by
learned Additional Chief Judicial Magistrate, Sheoganj in Criminal
Original Case No.389/2015 vide order dated 18.04.2023 as
affirmed by the learned Session Judge, Sirohi vide order dated
09.05.2024 in Criminal Appeal No.22/2023 against the
petitioner/applicant - Prakash Kumar S/o Vagta Ram shall
remain suspended till final disposal of the revision and he 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 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 25.02.2025 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:4450] (3 of 3) [SOSR-26/2025]
4. The petitioner 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 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
150-mSingh/-
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