(1 of 3) [CRLR-205/2022] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 205/2022 Suraj @ Champa Lal S/o Manu, Aged About 28 Years, Bc/ Garasiya, R/o Gamaniya Hamira, P.s. Sallopat, At Present Shastrinagar, Housing Board, Banswara, Dist. Banswara. (Lodged In Central Jail, Udaipur).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent Connected With S.B. Criminal Revision Petition No. 206/2022 Mohan Lal @ Monu S/o Nathu Lal, Aged About 30 Years, B/c Ninama, R/o Bahubali Colony, P.s. Kotwali, Banswara, Dist. Banswara. (Lodged In Central Jail, Udaipur).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Bhawani Singh For Respondent(s) : Mr. Gaurav Singh, PP HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order 09/03/2022 In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
Admit.
Issue notice.
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(2 of 3) [CRLR-205/2022] Learned Public Prosecutor accepts notice on behalf of the State. Hence, notice need not be issued.
Heard learned counsel for the petitioner and the learned Public Prosecutor on S.B. Suspension of Sentence (Revisions) No.38/2022 & 39/2022.
Learned counsel for the petitioners submits that in similar case in criminal revision petition no.908/2021, the record has already been received. It is also contended that sentence of co- accused has already been suspended in that matter.
I have considered the rival arguments advanced by the parties and perused the judgments of the courts below. 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.
Accordingly, S.B. Suspension of Sentence (Revision) No.38/2022 & 39/2022 filed under Section 397/401 Cr.P.C. are allowed and it is ordered that the sentence passed by the learned Additional Chief Judicial Magistrate, Banswara in Cr.Case No.02/2015 vide order dated 10.02.2017 as affirmed by the learned Sessions Judge, Banswara vide order dated 23.09.2021 in Cr. Appeal No.14/2017 in Suspension of Sentence No.38/2022) and sentence passed by the learned Additional Chief Judicial Magistrate, Banswara in Cr.Case No.01/2015 vide order dated 06.06.2018 as affirmed by the learned Sessions Judge, Banswara vide order dated 24.09.2021 in Cr. Appeal No.38/2018 (Suspension of Sentence No.39/2022) against the petitioners (1) Suraj @ Champa Lal S/o Manu & (2) (Downloaded on 11/03/2022 at 08:38:31 PM) (3 of 3) [CRLR-205/2022] Mohan Lal @ Monu S/o Nathu Lal shall remain suspended till final disposal of the aforesaid revisions and they shall be released on bail, provided they execute 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 their appearance in this court on 11.04.2022 and whenever ordered to do so, till the disposal of the revision on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the revision is decided.
2. That if the petitioner 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.
3. 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.
(DR.PUSHPENDRA SINGH BHATI),J 122-123-Sudheer/-
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