HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Revision Petition No. 548/2022

Hemant S/o Roop Narayan Pandya, Aged About 47 Years, R/o 26 Sahiwalon Ki Gali, District Udaipur (Rajasthan)

----Petitioner

Versus

1. Manish S/o Mohan Gurrani, Proprietor M/s Indian Handicrafts, Inside City Palace, Udaipur R/o 86 A, Jawahar Nagar, Patel Circle, District Udaipur (Rajasthan)

2. State Of Rajasthan, Through Pp

----Respondents

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

26/05/2022

Admit.

Call for the record.

Issue notice to respondent no.2, returnable within a period of four weeks.

Heard counsel for the petitioner and learned PP on application seeking suspension of sentence No.166/2022.

Upon 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 sentence awarded to 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 sentence passed by learned Special Judicial Magistrate (NI Act Cases) No.3, Udaipur in Criminal Original Case No.4258/2015 vide order dated 01.08.2018; as affirmed by learned Additional Sessions Judge No.2, Udaipur vide order dated 06.05.2022 in Criminal Appeal No.47/2018 (CIS No.311/2018) against the petitioner - Hemant S/o Roop Narayan Pandya shall remain suspended till final disposal of aforesaid revision and the petitioner shall be released on bail provided the petitioner deposits 100% of cheque amount before trial court (excluding the amount already deposited), which shall be disbursed to respondent no.1 and also executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before Registrar (Judicial) in this Court on 11.07.2022 and whenever ordered to do so till the disposal of 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.

(DR.PUSHPENDRA SINGH BHATI), J.

233-Sanjay/-