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2017 DIGILAW 2752 (RAJ)

Mota Ram S/o Naru Ram v. State of Rajasthan

2017-12-12

MANOJ KUMAR GARG

body2017
ORDER : MANOJ KUMAR GARG, J. Counsel for the petitioners does not want to press the application for suspension of sentence qua the petitioner No. 2 Omaram. 2. Hence, the application for suspension of sentence is dismissed qua the petitioner No. 2 Omaram. 3. Heard on the application for suspension of sentence qua the petitioner Mota Ram. 4. Counsel for the petitioner submits that the petitioner Mota Ram was on bail during trial and he is in incarceration from last about two months. The revision will take a long sufficient time to be finally disposed of, therefore, the sentence of the petitioner may be suspended and he be released on bail. 5. Learned Public Prosecutor vehement ally opposed the application for suspension of sentence. 6. I have considered the rival arguments advanced 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. 7. 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. Chief Judicial Magistrate, Nagaur in Cr. Case No. 120/1998 vide order dated 12.05.2006 as affirmed by the learned Addl. Sessions Judge No. 2, Nagaur vide order dated 13.10.2017 in Cr. Appeal No. 204/15 (11/06) (144/14) against the petitioner-applicant Mota Ram S/o Naru Ram 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 10.01.2018 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 address, they will give in writing their changed address to the trial Court. 8. 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 address, they will give in writing their changed address to the trial Court. 8. 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.