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2025 Supreme(RAJ) 178

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
HON'BLE MR. JUSTICE MANOJ KUMAR GARG, J
MANGILAL – Appellant
Versus
KAMLASHANKAR – Respondent
CRLR / 328 / 2025



Advocates:
Mr. JVS Deora

The court may suspend a sentence and grant bail under specific conditions, emphasizing the importance of compliance with bail terms.

Headnote:(A) B.N.S.S. Act - Section 438(1) - Criminal Procedure Code - Section 397(1) - Application for suspension of sentence - The court finds it appropriate to suspend the substantive sentence awarded to the accused, allowing bail under specific conditions including the deposit of 50% of the cheque amount and personal bond requirements. (Paras 5 and 6)

(B) Conditions for bail - The accused must appear before the trial court annually and notify any changes in residence to the court and counsel. (Para 6)

(C) Non-compliance consequences - Failure to appear may result in the cancellation of bail by the trial judge. (Para 7)

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.

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