Binza Ram vs State Of Rajasthan

Manoj Kumar Garg, J

Heard learned counsel for the revisionist/petitioner and learned Public Prosecutor.

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 sentence awarded to the accused petitioner.

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 learned Additional Chief Metropolitan Magistrate, No.1, Jodhpur Metro in Crl. Regular Case No.215/2015 vide order dated 12.05.2023 as affirmed by the learned Additional Sessions Judge, No.5, Jodhpur Metro, vide order dated 30.10.2023 in Criminal Appeal No.190/2023 against the petitioner/applicant - Binza Ram S/o Shri Purkha Ram shall remain suspended subject to the condition that the petitioner- applicant shall deposit 50% of the fine amount as imposed by the trial Court 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.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 02.07.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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.

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

The petitioner shall deposit the 50% of the fine amount as imposed by the trial Court.

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.