Bahadur vs State Of Rajasthan

Admit.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of the State. Hence, notice need not be issued.

Heard learned counsel for the petitioner and the learned Public Prosecutor on S.B. Suspension of Sentence (Revision) No.290/2019.

Counsel for the applicant-petitioner submits that the applicant-petitioner has already undergone sentence of two years three months and eleven days as per the custody report dated 06.09.2019. The total sentence imposed upon the petitioner is of five years.

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, this Court considers it just and proper to suspend the sentence awarded to the accused petitioner.

Accordingly, S.B. Suspension of Sentence (Revision) No.290/2019 filed under Section 397 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Additional Chief Judicial Magistrate Phalodi, District Jodhpur in Cr.Case No.10/2016 vide order dated 11.09.2017 as affirmed by the learned Additional Sessions Judge Phalodi, District Jodhpur vide judgment dated 08.07.2019 in Cr. Appeal No.04/2017 against the petitioner Bahadur S/o Late Prahlad 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.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 14.10.2019 and whenever ordered to do so, till the disposal of the revision on the conditions indicated below:-

That he will appear before the trial Court in the month of January of every year till the revision is decided.

That if the petitioner 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.

Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of the accused-petitioner in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-petitioner 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 purpose relating to pendency and disposal of cases in the trial court. In case the said accused-petitioner does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.