Allowed

Mahaveer S/O Ramlal v. State of Rajasthan

Rajasthan HC21 Jan 2025SOSR/598/2024

Case brief

AI extract

What is this about?

The petitioner, convicted for food adulteration, filed a second application to suspend his sentence after his earlier suspension was recalled due to failure to appear. The High Court allowed the application, directing the petitioner to execute a bond with sureties and follow specific conditions until the underlying petition is disposed of.

What did the court decide?

Second application for suspension of sentence allowed; sentence suspended upon furnishing a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each, subject to conditions.

Mahaveer S/O Ramlal Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2025)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Second Suspension of Sentence Application No.598/2024

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S.B. Criminal Revision Petition No. 2726/2019

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Mahaveer S/o Ramlal, Owner of Shop Mrs. Ravi Restoraint Bus Stand Dabi, Distt. Bundi Raj. (At Present Petitioner Confined At Distt. Jail Bundi)

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----Applicant/Petitioner

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Versus

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State of Rajasthan, through P.P.

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----Respondent

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For Petitioner(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP

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HON'BLE MR. JUSTICE GANESH RAM MEENA Order

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21/01/2025

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This second suspension of sentence application has been filed by the applicant/petitioner.

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Heard.

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Considered the submissions made at bar and perused the material available on record.

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The accused-petitioner was convicted vide judgment dated 28.07.2009 passed by the Court of Additional Chief Judicial Magistrate, District Bundi in Criminal Case No.110/2006 for offences under Section 7/16 of the Prevention of Food Adulteration Act, 1954 and was sentenced to undergo one year rigorous imprisonment and fine of Rs.1500/- and in default of payment of fine to undergo three months rigorous imprisonment. Against the judgment of conviction and sentenced dated 28.07.2009, the petitioner preferred an appeal bearing Criminal Appeal

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(2 of 3)

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No.30/2019 before the Court of Special Judge, SC/ST (Prevention of Atrocities) Cases, Bundi whereby the appeal filed by him was dismissed vide order dated 05.12.2019 and the order of conviction and sentence passed by the trial Court was upheld.

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Against the aforesaid conviction and sentence, the petitioner preferred revision petition bearing S.B. Criminal Revision Petition No.2726/2019 along with the application for suspension of sentence bearing S.B. Criminal Misc. Suspension of Sentence Application No.855/2019.

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The Coordinate Bench of this Court vide order dated 28.02.2020 after considering the merits of the case, admitted the revision petition for hearing and by separate order, allowed the suspension of sentence.

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While allowing the aforesaid application for suspension of sentence, the Coordinate Bench directed the accused-petitioner to mark his appearance before the Court on 30.03.2020. However, when the petitioner failed to appear on the given date as directed, the Coordinate Bench of this Court Court vide order dated 21.10.2024, recalled the order dated 28.02.2020. The bail bonds submitted pursuant to the order dated 28.02.2020 were also forfeited and a warrant of arrest was issued to secure presence of the petitioner.

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On execution of warrant of arrest, the petitioner was produced before this Court on 06.12.2024 and was sent in custody.

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Having regard to the aforesaid facts and circumstances of the case and more particularly the fact that earlier application of the petitioner for suspension of sentence was allowed on merits,

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(3 of 3)

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this Court deems just and proper to allow the present application for suspension of sentence.

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Accordingly, this second application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused-petitioner- Mahaveer S/o Ramlal remain suspended on furnishing a 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 he shall appear before the Registrar (Judicial) of this Court on 21.02.2025 and further on subsequent date(s) as and when called upon to do so till the disposal of the petition on the conditions as follows:-

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i. After release of the accused-petitioner, he shall not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled.

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ii. He will appear before the trial Court in the month of February of every year till the petition is decided. iii. If the petitioner changes the place of residence, he will give in writing his changed address to the trial Court as well as the counsel in the High Court. iv. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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A copy of this order be sent to learned trial Court through e- mail.

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(GANESH RAM MEENA),J

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Satyendra/91

Mahaveer S/O Ramlal v. State of Rajasthan

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Mahaveer S/O Ramlal v. State of Rajasthan

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