Kamlesh vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the record of the case.

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 substantive sentence awarded to the accused- petitioner.

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

by the learned Additional Chief Judicial Magistrate No.2, Chittorgarh, vide judgment dated 14.02.2017 in Criminal Regular Case No.414A/2015 (CIS

No.2370/2014) and affirmed by the learned Additional Sessions Judge No.3, Chittorgarh vide judgment dated 06.02.2021 in Criminal Appeal

No.64/2017 against the accused-petitioner Kamlesh S/o Om Prakash @ Prakash shall remain suspended till the final disposal of aforesaid revision

subject to depositing the fine amount. The petitioner shall be released on bail provided he executes a personal bond in the sum of Rs.1,00,000/- along

with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before this court on 07.04.2021 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 appeal is decided.

That if the petitioner change 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 addresses, they will give in writing their changed address to the trial Court.

That the petitioner shall deposit the fine amount as directed by 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 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.