Shyam @ Magan Lal Meena vs State

Heard.

Admit. Learned Public Prosecutor accepts notice on behalf of the respondent-State.

Heard on application for suspension of sentence No.119/2020. Upon a consideration of the arguments advanced on behalf of the petitioner 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 substantive sentence awarded to the accused petitioner.

Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Civil Judge & Judicial Magistrate, Pratapgarh, in Criminal Regular Case No.146/2011 vide order dated 07.09.2015 as affirmed by the Learned Additional Sessions Judge & Special Judge SC/ST (Prevention of Atrocities Cases), Pratapgarh, vide order dated 04.03.2020 in Cr. Appeal No.82/2016 (72/2015) against the petitioner-applicant Shyam @ Magan Lal Meena S/o Shri Heera Lal Meena shall remain suspended till final disposal of the aforesaid revision subject to deposit the fine amount as imposed by the learned trial Court and he shall be released on bail, 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 25.08.2020 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.

Petitioner shall deposit the fine amount as imposed by the learned 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.