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Judgment
The defect pointed out by the office is over-ruled as petitioner has surrendered.
Admit. Issue notice.
Learned Spl. Public Prosecutor accepts notice on behalf of the respondent, hence, notice need not be issued.
Call for record.
Heard learned counsel for the parties and perused the impugned orders.
Having considered the facts and circumstances of the case and substantial grounds in the revision petition, this Court is of the opinion that there are strong grounds for challenging the judgments of conviction and as hearing of the revision petition will take time, this Court is inclined to suspend the sentences awarded to the petitioner.
Accordingly, this application for suspension of sentences is allowed and it is directed that the sentences awarded to petitioner - N.K. Daga S/o Late Shri Badrinarain Daga by the Addl. Chief Metropolitan Magistrate (CBI) Cases, Jodhpu Metropolitan Jodhpur by judgment dated 11.1.2012 and affirmed by A.D.J. No.5, Jodhpur Metropolitan, Jodhpur by judgment dated 21.2.2019 shall remain suspended till final disposal of the aforesaid revision petition provided he executes a personal bond for a sum of Rs.40,000/- along with two solvent sureties in the sum of Rs.20,000/- each to the satisfaction of the learned trial court for his appearance before this Court on 6.5.2019 and whenever called upon to do so till the disposal of the revision petition on the conditions inidcated below:-
(1) That he/she/they will appear before the trial court in the month of January of every year till the revision petition 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(s) to the trial court.
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.