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2021 DIGILAW 2382 (RAJ)

Man Singh v. State of Rajasthan

2021-12-20

DEVENDRA KACHHAWAHA

body2021
ORDER 1. Heard learned counsel for the petitioner as well as learned 2. Public Prosecutor. Perused the material available on record. 3. Admit. Issue notice. 4. Learned Pubic Prosecutor accepts notices on behalf of the respondent - State of Rajasthan. Hence, notices need not be issued. 5. Send for the record. 6. Heard learned counsel for the parties on application seeking suspension of sentence (SoS No. 318/2021). 7. Learned counsel for the applicant-petitioner stated that the accused-petitioner was convicted for the offences punishable under Sections 408 IPC for a period of three years' simple imprisonment with a fine of Rs.20,000/-, in default of payment of fine to further undergo three months additional simple imprisonment, under Section 420/120-B IPC for a period of three years' simple imprisonment with a fine of Rs.20,000/-, in default of payment of fine to further undergo three months additional simple imprisonment, under Section 468/120-B IPC for a period of three years' simple imprisonment with fine of Rs.20,000/-, in default of payment of fine to further undergo three months additional simple imprisonment, under Section 471/120-B IPC for a period of two years' simple imprisonment with a fine of Rs. 10,000/-, in default of payment of fine to further undergo additional one month simple imprisonment by the learned Additional Chief Judicial Magistrate No.l, Jalore vide judgment and order dated 23.01.2012 in Original Criminal Case No. 237/1998 (24/1994). Learned counsel also stated that on filing of the appeal, the conviction under Section 468, 420, 471, 120-B IPC was set aside by the learned Sessions Judge, Jalore vide judgment and order dated 06.12.2021 in Criminal Appeal No. 23/2021 (CIS No. 115/2014) however, the conviction of the accused-petitioner under Section 408 read with Section 120-B IPC was maintained; that the alleged offences are triable by the Magistrate; that during the trial of the case, the accused-petitioner was on bail; that hearing of the revision petition will take time, therefore, it has been prayed that the application seeking suspension of sentences may kindly be allowed and the accused-petitioner may be kindly be enlarged on bail. 8. Per contra, learned Public Prosecutor has opposed the application seeking suspension of sentences (SoS No. 318/2021). However, he does not wish to file reply to the application. 9. 8. Per contra, learned Public Prosecutor has opposed the application seeking suspension of sentences (SoS No. 318/2021). However, he does not wish to file reply to the application. 9. Having regard to the facts and circumstances of the case, particularly to the facts that the alleged offences, under which the accused-petitioner was convicted, are triable by the First Class Magistrate; that during the trial of the case, the accused-petitioner was on bail; that the accused-petitioner is behind the bars since 06.12.2021; that hearing of the revision petition will take, therefore, the application seeking suspension of sentences may kindly be allowed and the petitioner may kindly be enlarged on bail. 10. Accordingly, the application for suspension of sentences (SoS No. 318/2021) filed under Section 397(1) Cr.P.C. is allowed and it is ordered that the sentence passed by learned Additional Chief Judicial Magistrate No.l, Jalore in Regular Criminal Case No.237/1998 (24/1994), vide judgment and order dated 23.01.2012, as modified and affirmed by the learned Sessions Judge, Jalore vide judgment and order dated 06.12.2021 in Criminal Appeal No. 23/2021 (CIS No. 115/2014) against applicant-petitioner, Man Singh S/o Bheem Singh, shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail upon his furnishing 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 Judge for his appearance in this Court on 21.01.2022 and whenever ordered to do so, till disposal of the revision on the conditions indicated below:- 1. That he will appear before the trial Court in the month of January every year till the revision is decided. 2. That if the applicant changes the place of residence, he will give in writing his 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. 11. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. 11. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant was 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 purposes relating to pendency and disposal of cases in the trial Court. In case the accused applicant fail appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.