Robin Jain vs State

Admit.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of the State. Hence, notice need not be issued.

Call for the record.

Heard learned counsel for the petitioner and the learned Public Prosecutor on S.B. Criminal Suspension of Sentence Application No.42/2020.

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, S.B. Criminal Suspension of Sentence Application No.42/2020 filed under Section 397(1) Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Judicial Magistrate (First Class) No.2, South, Udaipur in Cr.Case No.157/2012 vide order dated 20.01.2016 as affirmed by the learned Additional Sessions Judge No.5, Udaipur vide order dated 22.01.2020 in Cr. Appeal No.12/2016 against the petitioner Robin Jain S/o Sh. Shanker Lal Jain 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.40,000/-with two sureties of Rs.20,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 02.03.2020 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.