Rajendra Kumar Menaria vs State Of Rajasthan

Manoj Kumar Garg, J

Heard.

Admit.

Learned Public Prosecutor accepts notice on behalf of respondent-State. Therefore, notices need not be issued.

Heard on suspension of sentence application No.1413/2023. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the fact that appellant was on bail during trial, therefore, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the appellant.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C is allowed and it is ordered that the sentence passed by the learned Sessions Judge, Banswara vide judgment dated 18.10.2023 in Sessions Case No.144/2017 against the appellant Rajendra Kumar Menaria S/o Shri Bhanwar Lal Menaria shall remain suspended till final disposal of the aforesaid appeal subject to depositing the 50% fine amount as imposed by the learned trial Court, 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 21.12.2023 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 appellant 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, they will give in writing their changed address to the trial Court.

The appellant shall deposit 50% of fine amount as imposed by the trial court.

The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-\ appellant 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.