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Rajasthan High Court · body

2019 DIGILAW 1282 (RAJ)

Ravi Sharma v. State of Rajasthan, Through P. P.

2019-04-30

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard. 2. Admit. Issue notice. 3. Learned Public Prosecutor accepts notice on behalf of sole respondent-State. Service is, therefore, complete. 4. Call for record. 5. Issue notice of stay petition as well. 6. Having heard learned counsel for the parties on stay application (bail) No. 1929/2019 and having considered the totality of facts and circumstances of the case, I consider it just and proper to suspend the substantive sentence awarded to the accused petitioner by the courts below. 7. Accordingly, the stay application (bail) No. 1929/2019 is allowed and it is ordered that the substantive sentence passed by Nyayadhikari, Gram Nyayalaya, Pratapgarh vide order dated 22.11.2017 and affirmed by Sessions Judge, Pratapgarh vide order dated 16.4.2019 against petitioner Ravi Sharma S/o Shri Suresh Chandra Sharma shall remain suspended till final disposal of the aforesaid criminal writ petition 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 the learned trial court for his appearance before this court on 30.5.2019 and whenever called upon to do so till the disposal of the criminal writ petition on the conditions inidcated below:- (1) That he/she/they will appear before the trial court in the month of January of every year till the criminal writ petition 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(s) to the trial court. 8. 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.