IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

O R D E R

S.B.CR. MISC. SUSPENSION OF SENTENCE APPL NO.352/2016

IN

S.B.CRIMINAL REVISION NO.860/2016

(Naval Kishore Vs. State of Raj) Date of order : 01-08-2016 HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Mr. R.S. Mankad, for the petitioner.

Mr. L.R. Upadhayay, P.P for the State.

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Heard learned counsel for the petitioner-applicant and the learned Public Prosecutor.

I have considered the rival arguments advance 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 sentences awarded to the accused petitioners-applicants.

Accordingly, the application for suspension of sentence filed under Section 397(1) Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Judicial Magistrate, Gram Nyayalay, Osian, Distt. Jodhpur in Cr.Case No. 313/2010 order dated 06-03-2013 as affirmed by the learned Sessions Judge, Distt. Jodhpur vide order dated 18- 07-2016 in Cr. Appeal No.36/2013 against the petitionerapplicant Naval Kishore S/o Salag Ram, 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 30-08-2016 and whenever ordered to do so, till the disposal of the revision on the conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the revision is decided. 2. 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. 3. Similarly, if the sureties change their address(s), 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-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.

(GOVERDHAN BARDHAR), J.

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B.CRIMINAL REVISION NO.860/2016

(Naval Kishore Vs. State of Raj)

Date of order : 01-08-2016

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Mr. R.S. Mankad, for the petitioner.

Mr. L.R. Upadhayay, P.P for the State.

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Admit. Issue notice.

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

Send for the record.

(GOVERDHAN BARDHAR), J.

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