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2016 DIGILAW 1072 (RAJ)

Jagdish v. State of Rajasthan

2016-07-26

GOVERDHAN BARDHAR

body2016
ORDER : 1. Heard learned counsel for the petitioner-applicant and the learned Public Prosecutor. 2. I have considered the rival arguments advance by the parties and perused the judgments of the courts below. Looking to the facts and circumstances of the case and the short sentence awarded by the learned trial court, I consider it just and proper to suspend the sentences awarded to the accused petitioner-applicant. 3. Accordingly, the application for suspension of sentence filed under Section 397(1) Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Addl. Judicial Magistrate No.1, Chittorgarh in Cr. Case No. 313/2010 vide order dated 07-09-2015 as affirmed by the learned Sessions Judge, Chittorgarh vide order dated 27-04-2016 in Cr. Appeal No. 184/2015 against the petitioner-applicant Jagdish S/o Surajmal Rawat, shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail, provided he executes a personal bond in the sum of Rs.40,000/- with two sureties of Rs.20,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 24-08-2016 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 revision is decided. 2. That if the applicants 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 addresses, they will give in writing their changed address to the trial Court. 4. The learned trial Court shall keep the record of attendance of the accused-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicants 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 applicants does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. ORDER S.B.CRIMINAL REVISION NO.675 of 2016 Admit. Issue notice. Learned Public Prosecutor accepts notice on behalf of the State. In case the said accused applicants does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. ORDER S.B.CRIMINAL REVISION NO.675 of 2016 Admit. Issue notice. Learned Public Prosecutor accepts notice on behalf of the State. Hence, notice need not be issued. Send for the record.