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Judgment
24 paragraphs · 421 wordsIn the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all
concerned.
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the State. Hence, notice need not be issued.
Heard learned counsel for the petitioner and the learned Public Prosecutor on application for Suspension of Sentence.
I have considered the rival arguments advanced by the parties and perused the judgments of the courts below. Looking to the facts and circumstances
of the case and the short sentence awarded by the learned trial court, I consider it just and proper to suspend the sentence awarded to the accused
petitioner.
Accordingly, the application for suspension of sentence filed under Section 397(1) Cr.P.C. is allowed and it is ordered that the sentence passed by the
learned Chief Judicial Magistrate, Churu in Cr. Original Case No.684/2010 vide order dated 11.05.2017 as affirmed by the learned Sessions Judge,
Churu vide order dated 01.04.2021 in Cr. Appeal No.32/2017 against the petitioner Rajveer S/o Ranjeet Singh 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 23.06.2021 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 revision is decided.
That if the petitioner 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 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 said 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.
