Jagdish vs State, Through P.P.

Admit.

Issue notice.

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

Call for the record.

Heard learned counsel for the petitioner and the learned Public Prosecutor on S.B. Suspension of Sentence (Revision) No. 110/2020.

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 petitioner.

Accordingly, S.B. Suspension of Sentence (Revision) No. 110/2020 filed under Section 397/401 of Cr.P.C. is allowed and it is ordered that the

sentence passed by the learned Judicial Magistrate Sujangarh in Cr. Criminal Case No188/2011 (262/2009) vide order dated 18.08.2018 as affirmed

by the learned Additional Session Judge Sujangarh, District Churu vide order dated 12.03.2020 in Cr. Appeal No. 17/2018 against the petitioner

Jagdish S/o Shri Hajarimal, shall remain suspended till final disposal of the aforesaid revision petition and he shall be released on bail, provided he

executes a personal bond in a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their

appearance in this court 20.04.2020 on and whenever ordered to do so, till the disposal of the revision on the conditions indicated below:-

That they 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, they will give in writing their 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 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 petitioner do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.