Rajasthan High Court - Jodhpur
Gopal Singh vs State Of Rajasthan on 27 September, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-984/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 984/2022
Gopal Singh S/o Shri Uttam Singh, Aged About 41 Years, B/c
Rajput, R/o Bawatara, Tehsil Sayla, District Jalore (Rajasthan)
(At Present Lodged In District Jail, Jalore)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Umaid Singh Rathore
For Respondent(s) : Mr. Andaram Choudhary, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/09/2022
Heard.
Admit.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.314/2022.
For the reasons mentioned in the application filed under
Section 5 of the Limitation Act, the delay is condoned.
Learned Public Prosecutor opposes the suspension of
sentence application.
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, this Court
deems it just and proper to suspend the sentence awarded to the
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accused petitioner.
Accordingly, S.B. Suspension of Sentence (Revision)
No.314/2022 filed under Section 397(1) Cr.P.C. is allowed and it
is ordered that the sentence passed by learned Judicial Magistrate
First Class, Jalore in Criminal Case No.110/2010 vide order dated
15.12.2012 as affirmed by the learned Sessions Judge, Jalore vide
order dated 07.12.2021 in Criminal Appeal No.26/2021 (CIS
No.158/2014) against the petitioner-applicant Gopal Singh S/o
Shri Uttam Singh, 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
Judge for his appearance in this Court on 02.11.2022 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
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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.
223-NS/suraj/-
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