HEERA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioner has submitted that earlier, this Court vide order dated 01.12.2014 has suspended the sentence awarded to the petitioner by the Additional Chief Judicial Magistrate, Chhoti Sadri (hereinafter referred to as 'the trial court'), in Criminal Case No.155/2011 vide order dated 07.11.2012 as affirmed by the Sessions Judge, Pratapgarh (hereinafter referred to as 'the appellate court') vide order dated 12.11.2014 in Criminal Appeal No.94/2012. It is submitted that the order dated 01.12.2014 has been recalled by this Court on 08.01.2015 as the petitioner did not surrender before the court below to serve sentence passed by the trial court and affirmed by the appellate court. It is contended that now the petitioner has surrendered before the appellate court on 20.01.2015. A certified copy of the order dated 20.01.2015 passed by the appellate court has been placed on record. Learned counsel for the petitioner has submitted that the sentence awarded by the trial court is of six months and, therefore, the same may be suspended.

(2.) Heard learned counsel for the petitioner-applicant and the learned Public Prosecutor. I have considered the rival arguments advanced by the parties and perused the judgments of the courts below. Looking to the facts and circumstances of the case and the short sentence awarded by the learned trial court, I consider it just and proper to suspend the sentence awarded to the accused petitioner-applicant.

(3.) Accordingly, the second bail application for suspension of sentence filed under Sec. 397(1) Crimial P.C. is allowed and it is ordered that the sentence passed by the Additional Chief Judicial Magistrate, Chhoti Sadri, in Criminal Case No.155/2011 vide order dated 07.11.2012 as affirmed by the Sessions Judge, Pratapgarh vide order dated 12.11.2014 in Criminal Appeal No.94/2012 against the petitioner-applicant Heera Lal S/o Khem Raj shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail, provided he executes a personal bond in the sum of Rs. 40,000.00 with two sureties of Rs. 20,000.00 each to the satisfaction of the trial Judge for his appearance in this court on 16.03.2015 and whenever ordered to do so, till the disposal of the revision on the conditions indicated below:-