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Navla And Another v. State

Navla And Another v. State

(High Court Of Rajasthan)

Criminal Revision No. 13 of 2019 | 23-01-2019

1. Heard.

2. Admit. Learned Public Prosecutor accepts notices on behalf of the respondent-State.

3. Heard on application for suspension of sentence No. 4/2019.

4. Upon a consideration of the arguments advanced on behalf of the petitioners 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 petitioners.

5. Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Judicial Magistrate, Badi Sadari, District Chittorgarh in Regular Criminal Case No. 241/2009 (220/2002) vide order dated 31.10.2012 as affirmed by the learned Additional Sessions Judge No. 1, Nimbahera, District Chittorgarh vide order dated 03.12.2018 in Cr. Appeal No. 88/2012 against the petitioners-applicants (1) Navla S/o Bhera @ Dalu and (2) Nand Lal S/o Bhera @ Dalu shall remain suspended, till final disposal of the aforesaid revision and they shall be released on bail, provided they execute 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 their appearance in this court on 26.02.2019 and whenever ordered to do so till the disposal of the appeal 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 appeal 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.

6. 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.

Advocate List
  • For Petitioner : Mr. Kuldeep Sharma, Advocate, for the Appellants; Mr. O.P. Rathi, PP, for the Respondent
Bench
  • HON'BLE JUSTICE MANOJ KUMAR GARG, J.
Eq Citations
  • LQ/RajHC/2019/276
Head Note

Criminal Procedure Code, 1973 — Ss. 397 and 401 — Bail pending appeal — Release on bail — Conditions precedent — Execution of personal bond with sureties — Conditions precedent — Release on bail — Conditions precedent — Execution of personal bond with sureties — Release on bail — Conditions precedent