Shiv Raj vs State Of Rajasthan

Farjand Ali, J

The applicant-appellant was directed to be released on bail vide order 29.07.2020 passed in S.B. Criminal Misc. Application for Suspension of Sentence No.586/2020 whereby, his application for suspension of sentence was allowed. He was supposed to mark his presence before this Court on 31.08.2020 but he failed to do so. Whereafter a lenient view was taken and upon the oral request of his counsel, time was further extended but of no avail. Constrained by this, this Court vide order dated 03.07.2023 had cancelled the bail granted to him and his bail bonds were forfeited. A direction was issued for his re-apprehension.

Pursuant to the directions issued on 03.07.2023, the petitioner was produced under warrant by Constable Shravan Kumar, FC 1303, Police Station Fateh Nagar, Udaipur.

This is the second application for suspension of sentence preferred on behalf applicant-appellant. The lawyers are abstaining from appearance and, therefore, this Court conferred with the appellant. It is stated by him that actually he was unaware regarding the date of his appearance. Probably, he had not been communicated properly. Thus, a lenient view is taken.

Accordingly, the second application for second suspension of sentence filed on behalf of applicant-appellant is allowed. He be released on bail on the same terms and conditions as incorporated in the order dated 20.07.2020 passed in S.B. Criminal Misc. Application for Suspension of Sentence No.586/2020 with slight modification that he shall execute a personal bond in the sum of Rs.50,000/- only, which shall be furnished by him before the Registrar (Judicial) of this Court since no person has accompanied him so as to furnish his surety and upon furnishing the personal bond, he shall be released. He is further directed to mark his presence before the learned trial Court in the month of January every year as directed vide order dated 29.07.2020.