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2025 DAILYLAW 35131 (RAJ)

PRAKASH CHAND S/O SHRI BHANWAR LAL JAIN v. STATE OF RAJASTHAN

SOSR/604/2024 · 2025-01-03

Ganesh Ram Meena

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.604/2024 In S.B. Criminal Revision Petition No. 2175/2024 1. Prakash Chand S/o Shri Bhanwar Lal Jain, Manager M/s Manoj Industries, 23/29, Mill Road, Bijaynagar, District Ajmer(Raj). (Presently Confined In Central Jail, Ajmer) 2. Ashok Kumar S/o Shri Pukhraj Ji Jain, Partner M/s Manoj Industries, 23/29, Mill Road, Bijaynagar, District Ajmer(Raj). (Presently Confined In Central Jail, Ajmer) 3. M/s Manoj Industries, 23/29, Mill Road, Bijaynagar, District Ajmer (Raj). ----Applicants/Petitioners Versus State of Rajasthan, through P.P. ----Respondent For Petitioner(s) : Mr. Jai Prakash Gupta For Respondent(s) : Mr. Vijay Singh Yadav, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 03/01/2025 1. The revision petition and the present application for suspension of sentence have been preferred by the accused petitioners as regards the judgment dated 12.10.2015, passed by the Court of Senior Civil Judge cum Additional Chief Judicial Magistrate, Beawar, District Ajmer in Criminal Case No.482/1993, whereby the accused petitioners were convicted and sentenced for offence u/S 7/16 of PFA Act so also the judgment dated 12.12.2024, passed by the Court of Additional Sessions Judge No.2, Beawar, District Ajmer in Criminal Appeal No. 94/2018, (2 of 3) whereby the appeal filed by the accused petitioners against conviction and sentence was dismissed. 2. As per the submissions made by counsel for the applicants- petitioners, the accused-petitioners were on bail during trial and during the pendency of appeal they never misused the liberty of bail. 3. Learned counsel for the accused-petitioners submits that the revision petition has been admitted for hearing and final hearing may take considerable time looking to the pendency of cases. 4. Taking into consideration the submissions made by learned counsel for the accused-petitioners so also the fact that the accused-petitioners have not misused the liberty of bail during pendency of the criminal case as well as during the pendency of appeal, this court deems just and proper to suspend the sentence of the accused-petitioners. 5. Accordingly, the present application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused-petitioners- Prakash Chand S/o Shri Bhanwar Lal Jain and Ashok Kumar S/o Shri Pukhraj Ji Jain in Criminal Case No.482/1993 shall remain suspended provided each of them shall furnish personal bond of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that they shall appear before the Registrar (Judicial) of this Court on 03.02.2025 and further on subsequent date(s) as and when called upon to do so till the disposal of the revision petition on the conditions as follows:- (3 of 3) A. After release of the accused petitioners, they shall not indulge in any criminal activity and if it is found that they are involved in any criminal activity, the order shall be recalled. B. They shall appear before the trial Court in the month of February of every year till the revision petition is decided. C. If the petitioners change the place of residence, they shall give in writing their changed address to the trial Court as well as the counsel in the High Court. D. Similarly, if the sureties change their address, they shall give in writing their changed address to the trial Court. 6. A copy of this order be sent to learned trial Court through e- mail. (GANESH RAM MEENA),J Satyendra/159