HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
HON'BLE MR. JUSTICE MANOJ KUMAR GARG, J
MANGILAL – Appellant
Versus
KAMLASHANKAR – Respondent
CRLR / 328 / 2025
Order :
1. Heard.
2. Admit. Issue notice to the sole respondent, returnable by within eight weeks.
3. Heard learned counsel for the petitioner on application for suspension of sentence No.87/2025.
4. Call for record.
5. 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 substantive sentence awarded to the accused petitioner.
6. Accordingly, the application for suspension of sentence filed under Section 438(1) of B.N.S.S. (Section 397(1) Cr.P.C.) is allowed and it is ordered that the substantive sentences passed by the learned Additoinal Chief Judicial Magistrate, Nathdwara, in Original Criminal Case No.176/2011 vide order dated 19.04.2021 as affirmed by the learned Additional Sessions Judge, Nathdwara, vide order dated 12.02.2025 in Cr. Appeal No.02/2021 against the petitioner- applicant- Mangilal S/o Bhera shall remain suspended, till final disposal of the aforesaid revision and he shall be released on bail, subject to deposit 50% of the cheque amount before the trial Court which shall be disbursed immediately to the respondent-complainant (if any amount already deposited that shall be adjusted with the cheque amount) provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each of to the satisfaction of the learned trial Judge for his appearance in this court on 21.04.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant 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(s), they will give in writing their changed address to the trial Court.
4.Petitioner shall deposit 50% of the cheque amount before the trial Court which shall be disbursed immediately to the respondent-complainant.
7. 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 purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
The court may suspend a sentence and grant bail under specific conditions, emphasizing the importance of compliance with bail terms.
The court may suspend a substantive sentence pending appeal if justified by the case's circumstances, subject to specific conditions.
The court may suspend a substantive sentence when the accused was on bail during trial, subject to conditions ensuring compliance with bail requirements.
The court may suspend a substantive sentence pending appeal if justified by the case's circumstances and arguments presented.
The court may suspend a sentence if the petitioner meets certain conditions, including prior bail status and compliance with legal obligations.
The court may suspend a sentence pending appeal when warranted by circumstances, requiring compliance with specific conditions for bail.
The court may suspend a sentence if justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
The court may suspend a sentence pending appeal under Section 389 of the Code of Criminal Procedure, considering the case's circumstances and the need for accountability through bail conditions.
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.
The court may suspend a substantive sentence and grant bail if there is no imminent hearing for the revision application, ensuring fair treatment of the accused.
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