The court established that suspension of sentences is appropriate when the offense is triable by a Magistrate and delays in the revision process are anticipated.

ORDER

S.B. Criminal Revision Petition No. 810/2021:

1. Heard learned counsel for the petitioners as well as learned Public Prosecutor.

2. Admit. Issue notice. Record has already been received.

3. Learned Public Prosecutor accepts notices on behalf of the respondent - State of Rajasthan.

4. Heard learned counsel for the parties on the application seeking suspension of sentences (SoS No. 244/2021).

5. Learned counsel for the petitioners stated that the accused-petitioners have been convicted for the offence punishable under Section 16/54 of Rajasthan Excise Act for a period of one year's simple imprisonment along with a fine of Rs.200/- each by the learned Chief Judicial Magistrate No.2, Sriganganagar in Criminal Case No. 1782/2016 (4023/2014) vide judgment and order dated 31.08.2017 and the same was affirmed by the learned Additional Sessions Judge No.l, Sriganganagar in Criminal Appeal No. 295-A/2017 (CIS N. 295/2017) vide judgment and order dated 22.09.2021, while dismissing the appeal of the accused; that the offence is triable by the Magistrate; that hearing of the revision petition will take time, therefore, the sentences awarded to the accused-petitioner may be suspended.

6. Per contra, learned Public Prosecutor has opposed the prayer for suspending the sentences awarded to the accused-petitioner. Learned Public Prosecutor does not wish to file reply to the application.

7. Having regard to the facts and circumstances of the case, particularly to the facts that the alleged offence is triable by the First Class Magistrate; and that hearing of the revision petition will take time, this Court is of the opinion that the application for suspension of sentence deserves to be allowed.

8. Accordingly, the application for suspension of sentence (No. 244/2021) filed under Section 397(1) Cr.P.C. is allowed and it is ordered that the sentence passed by learned Chief Judicial Magistrate No.2, Sriganganagar in Criminal Case No. 1782/2016 (4023/2014) vide judgment and order dated 31.08.2017, as affirmed by the learned Additional Sessions Judge No.l, Sriganganagar in Criminal Appeal No. 295-A/2017 (CIS No. 295/2017) vide judgment and order dated 22.09.2021 against applicant-petitioners, Debu @ Baldev Singh S/o Bhakhtawar Singh and Chhinda Singh @ Surendra Singh S/o Arjun Singh, shall remain suspended till final disposal of the aforesaid revision and they shall be released on bail upon their furnishing 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 their appearance in this Court on 17.01.2022 and whenever ordered to do so, till disposal of the revision on the conditions indicated below:-

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

2. That if the applicants change the place of residence, they 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(s), they will give in writing their changed address to the trial Court.

9. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant 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 purposes relating to pendency and disposal of cases in the trial Court. In case the accused applicant fail appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

S.B. Criminal Revision Petition No. 811/2021:

10. Heard learned counsel for the petitioner as well as learned Public Prosecutor.

11. Admit. Issue notice. Record has already been received.

12. Learned Public Prosecutor accepts notices on behalf of the respondent - State of Rajasthan.

13. Heard learne