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Judgment
Heard.
Admit. Issue notice.
Issue notice of stay petition as well.
Learned Public Prosecutor accepts notice on behalf of respondent-State.
Having heard learned counsel for the parties on stay application and having considered the totality of facts and circumstances of the case, I consider it just and proper to suspend the substantive sentence awarded to the accused petitioner by the courts below.
Accordingly, the stay application is allowed and it is ordered that the substantive sentence passed by Nyayadhikari, Gram Nyayalaya, Mandore, District Jodhpur Metropolitan vide order dated 18.01.2019 and affirmed by Additional Sessions Judge No.5, District Jodhpur Metropolitan vide order dated 12.09.2019 against petitioner - Dalpat Singh S/o Shri Rewant Singh, shall remain suspended till final disposal of this criminal writ petition, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before this court on 20.02.2020 and whenever ordered to do so, till the disposal of the writ on the conditions indicated below:-
That he will appear before the trial Court in the month of January of every year till the writ is decided.
That if the appellant 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.
Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.
The learned trial Court shall keep the record of attendance of the accused-petitioner in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-petitioner 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-petitioner does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.