Tejpal Singh And Ors vs State, Through P.p.

Admit.

Issue notice.

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

Heard learned counsel for the petitioners and the learned Public Prosecutor on S.B. Criminal Suspension of Sentence Application No.15/2020.

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 petitioners.

Accordingly, S.B. Criminal Suspension of Sentence Application No.15/2020 filed under Section 397(1) Cr.P.C. is allowed and it is ordered that the sentence passed by the Additional Chief Judicial Magistrate, Dungarpur in Cr. Original Case No.91/2011 vide order dated 16.12.2016 as affirmed by the Additional Sessions Judge, Dungarpur vide order dated 06.01.2020 in Cr. Appeal No.188/2019 against the petitioners Tejpal Singh S/o Devi Singh Rawat and Mahendra Singh S/o Maganbhai shall remain suspended till final disposal of the aforesaid revision petition and they shall be released on bail, provided each of them executes a personal bond in a sum of Rs.40,000/- with two sureties of Rs.20,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 03.03.2020 and whenever ordered to do so, till the disposal of the revision on the conditions indicated below:-

That they will appear before the trial Court in the month of January of every year till the revision is decided.

That if the petitioners changes the place of residence, they will give in writing their 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-petitioners in a separate file. Such file be registered as Criminal misc. Case related to original case in which the accused-petitioners 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 petitioners do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.