AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the petitioner/applicant and
learned Public Prosecutor on application for suspension of
sentence.
Learned counsel Mr.M.C. Tak appears to represent the
petitioner under the free legal aid scheme. He submits that the
sentence awarded to the co-accused Mohd. Arif Khan has been
suspended by this Court vide order dated 23.6.2017.
In this background 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 sentences awarded to the accused
petitioner Raju @ Rajiya.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Judicial Magistrate, Rajgarh vide
judgment dated 16.10.2015 as affirmed by the learned Additional
Sessions Judge, Rajgarh vide judgment dated 30.3.2017 against
the petitioner-applicant Raju @ Rajiya, 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.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
court on 4.8.2017 and whenever ordered to do so till the disposal
of the revision 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 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.