Dinesh Son of Shri Chandra Ram vs The State of Rajasthan & Anr

Heard on application for suspension of sentence.

By the instant application for suspension of sentence, accused-petitioner has craved for suspending sentence of one year''s simple imprisonment

along with fine of Rs.5,000/-, in default of payment of fine to undergo one month''s simple imprisonment and to pay compensation of

Rs.1,00,000/-to the respondent-complainant, handed down by Judicial Magistrate, Jaitaran (for short, ''learned trial Court'') and affirmed by

Additional Sessions Judge, Jaitaran, District Pali (for short, ''learned appellate Court'').

It is submitted by learned counsel that looking to short sentence awarded by trial Court and affirmed by appellate Court, same may be

suspended.

Having regard to the facts and circumstances of the case, I feel persuaded to accept this application for suspension of sentence.

Accordingly, the application for suspension of sentence filed under Section 397(1) Cr.P.C. is allowed and it is ordered that the sentence passed

by learned Judicial Magistrate, Jaitaran in Regular Criminal Case No.(64/2009) 1120/2011, vide judgment dated 01.06.2016, as affirmed by the

learned Additonal Sessions Judge, Jaitaran, District Pali vide judgment dated 15.11.2017 in Cr. Appeal No.34/206 against applicant-petitioner,

Dinesh Son of Shri Chandra Ram, shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail subject to the

condition that he shall deposit 50% of the cheque amount i.e. Rs.50,000/- within a week, and upon his furnishing 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 his appearance in this Court on 05.03.2018 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 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.

Similarly, if the sureties change their address(s), 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-applicant in a separate file. Such file be registered as Criminal Misc.

Case related to original case in which the accusedapplicant 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.