Pushkar Lal vs Narayan Lal Dangi And Others

Manoj Kumar Garg, J

Learned counsel for the petitioner submits that in compliance of order passed by this Court dated 15.04.2024 the petitioner has surrendered before the concerned Court.

Heard.

Issue notice to respondent No.1, returnable by 06.08.2024.

Call for record.

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 Special Judicial Magistrate (NI Act Cases), No.1, District Udaipur in CIS No.16532/2015 vide order dated 20.09.2023 as affirmed by the learned Special Judge, SC/ST Act Cases, District Udaipur, vide order dated 04.03.2024 in Criminal Appeal No.431/2023 against the petitioner/applicant - Pushkar Lal S/o Hira Dangi shall remain suspended subject to the condition that the petitioner-applicant shall deposit 50% of the cheque amount (the amount earlier deposited by the petitioner shall be adjusted with the cheque amount) 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 cheque amount (the amount earlier deposited by the petitioner shall be adjusted with the cheque amount).

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.