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2019 DIGILAW 1576 (RAJ)

Mukesh Vaishnav v. State

2019-05-20

MANOJ KUMAR GARG

body2019
JUDGMENT 1. Heard. 2. Admit. Call for record. 3. Heard learned counsel for the petitioner and learned public prosecutor as well as learned counsel for the respondent on application for suspension of sentence No. 182/2019. 4. Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner. 5. Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the Learned Metropolitan Magistrate No. 9, Jodhpur Metro, in Criminal Regular Case No. 710/2013 (24042/2014) vide order dated 20.11.2017 as affirmed by the Learned Addl. Sessions Judge No. 3, Jodhpur Metro vide order dated 14.05.2019 in Cr. Appeal No. 654/2017 against the petitioner-applicant Mukesh Vaishnav S/o Shri Madan Lal Vaishnav shall remain suspended, till final disposal of the aforesaid revision and he shall be released on bail, provided he execute a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each of to the satisfaction of the learned trial Judge for his appearance in this court on 20.06.2019 and whenever ordered to do so till the disposal of the appeal 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. 4. Petitioner shall deposit 50% of the cheque amount before the trial court which shall be disbursed immediately to the respondent No. 2. 6. 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. 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.