Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 1789 (RAJ)

Popat Lal v. State of Rajasthan, Through PP

2019-06-12

ABHAY CHATURVEDI

body2019
JUDGMENT Criminal Revision No. 662/2019: 1. Heard learned counsel for the petitioners-applicants and the learned Public Prosecutor. 2. Admit. Issue notice. 3. Learned Public Prosecutor accepts notice on behalf of the State. Hence, notice need not be issued. 4. Heard learned counsel for the parties on S.B. Criminal Misc. Bail Application (SOS) Application No. 183/2019. 5. 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 sentence awarded to the accused petitioners applicants. 6. 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 Additional Chief Judicial Magistrate, Dungarpur vide judgment dated 24.08.2015 in criminal Original Case No. 124/2010 as affirmed by Additional Sessions Judge , Dungarpur vide order dated 16.05.2019 in Criminal Appeal No. 1/2018 against the accuseds-applicants Popat Lal S/o Lal Ji Kalal and Mohan Lal S/o Dhan Ji shall remain suspended till final disposal of the aforesaid revision petition and they shall be released on bail, provided they execute 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 their appearance in this court on 15.07.2019 and whenever ordered to do so till the disposal of the revision petition 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. 7. 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. 7. 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.