The court has the discretion to suspend the sentence and grant bail under Section 397/401 Cr.P.C. based on the facts and circumstances of the case.

ORDER

1. Admit.

2. Issue notice to respondent No.1 only as the learned Public Prosecutor accepts notice on behalf of respondent No.2-State.

3. Heard learned counsel for the petitioner and learned Public Prosecutor on application of suspension of sentence No.100/2022.

4. 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 sentence awarded to the accused-petitioner.

5. Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Judicial Magistrate, Banswara in Regular Criminal Case No.464/2019 (CIS No.383/2019) (Yogesh Vs. Kanti Lal) vide order dated 10.08.2021 as affirmed by the learned Sessions Judge, Banswara vide order dated 24.03.2022 in Criminal Appeal No.82/2021 against the petitioner-applicant Kanti Lal S/o Shri Panna Lal, shall remain suspended, till final disposal of the aforesaid revision and he shall be released on bail, provided the petitioner deposits 50% of the cheque amount before the learned trial Court which shall be disbursed to the respondent No.1 and also 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 27.6.2022 and whenever ordered to do so till the disposal of the revision on the conditions indicated below:-

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

2. That if the petitioner changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

6. The learned trial Court shall keep the record of attendance of the accused-petitioner in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- petitioner was 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-petitioner does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

In CRLR No.345/2022:

7. Admit.

8. Issue notice to respondent No.1 only as the learned Public Prosecutor accepts notice on behalf of respondent No.2-State.

9. Heard learned counsel for the petitioner and learned Public Prosecutor on application of suspension of sentence No.104/2022.

10. 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

11. suspending the sentence awarded to the accused-petitioner.

12. Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Judicial Magistrate, Banswara in Regular Criminal Case No.462/2019 (CIS No.381/2019) (Hemendra Kumar Vs. Kanti Lal) vide order dated 10.08.2021 as affirmed by the learned Sessions Judge, Banswara vide order dated 24.03.2022 in Criminal Appeal No.79/2021 against the petitioner-applicant Kanti Lal S/o Shri Panna Lal, shall remain suspended, till final disposal of the aforesaid revision and he shall be released on bail, provided the petitioner deposits 50% of the cheque amount before the learned trial Court which shall be disbursed to the respondent No.1 and also 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 27.6.2022 and wheneve