Prakashchand vs State

Heard learned counsel for the petitioner-applicant and the learned Public Prosecutor.

Admit. Issue notice.

Learned Public Prosecutor accepts notice on behalf of the State. Hence, notice need not be issued.

Send for the record.

Heard learned counsel for the parties on the application for suspension of sentence No.181/2020.

Learned counsel for the petitioner submits that the petitioner has been convicted only because he was a registered owner of the vehicle in question and there is no evidence of he being actively involved in the offence of transportation of illicit liquor.

Learned Public Prosecutor opposed the application for suspension of sentence.

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.

Accordingly, the application for suspension of sentence filed under Section 397(1) Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Jadditional Chief Judicial Magistrate, Kushalgarh, District Banswara in Criminal Case No.589/2011 vide order dated 18.11.2014 as affirmed by the learned Sessions Judge, Banswara vide order dated 21.08.2020 in Criminal Appeal No.62/2019 against the petitioner-applicant Prakashchand S/o Shri Chunnilal, 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.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court for his appearance in this court on 07.12.2020 and whenever ordered to do so, till the disposal of the revision on the conditions indicated below:-

That he will appear before the trial Court in the month of January of every year till the revision is decided.

That if the applicant 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-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant 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 applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.