Manoj Kumar vs Sampati Kumar Yadav

For the reasons stated in the application under Section 5 of the Limitation Act and after hearing learned counsel for the petitioner and learned Public Prosecutor, the delay of 189 days in filing the revision petition is condoned, keeping in view the fact that the petitioner is behind the bars. SB Cr. Rev. Petition No.716/2019:

Heard.

Admit. Issue notice, returnable within a period of six weeks.

Call for Record.

Heard on application of suspension of sentence No.196/2019.

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 for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Addl. Chief Judicial Magistrate, Suratgarh, District Sri Ganganagar, in Cr. Regular Case No.973/2013 vide order dated 18.4.2015 as affirmed by the learned Additional Session Judge, Suratgarh, District Sri Ganganagar vide order dated 18.8.2018 in Cr. Appeal No.22/2015 (CIS No.29/2015) against the petitioner-applicant Manoj Kumar S/o Nand Lal 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.1,00,000/- with two sureties of Rs.50,000/- each of to the satisfaction of the learned trial Judge for his appearance in this court on 3.7.2019 and whenever ordered to do so till the disposal of the appeal 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 applicant changes the place of residence, he/she/they 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.

Petitioner shall deposit a sum of Rs.85,000/- through demand draft to the trial Court which shall be disbursed to the respondent /Complainant.

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 accused-applicant 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 applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.