HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1275/2023
Rahul Khatana Son Of Ramesh Chand, Resident Of Sainik Nagar,
P.s. Gangapur City, District Gangapur City (Presently Confined In
Judicial Custody In Central Jail Bharatpur)
----Petitioner
Versus
State Of Rajasthan, Through P.p
----Respondent
For Petitioner(s) : Mr. D.K. Dixit
For Respondent(s) : Mr. Mahendra Meena, PP
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
06/09/2023
Learned Public Prosecutor accepts notice on behalf of State. This revision petition is preferred aggrieved from order of conviction and sentence dated 15.03.2018 in criminal case No. 312/2014 passed by learned Judicial Magistrate First Calss, Gangapur City which was affirmed in criminal appeal No. 228/2022 on 31.07.2023 by learned Additional Sessions Judge No.2, Gangapur City, Sawaimadhopur whereby order of suspension of sentence dated 12.04.2018 was recalled and directed learned trial court to call appellant by warrant of arrest.
Learned counsel for petitioner submitted that after this order, petitioner was arrested by the police and presently he is in custody in Central Jail, Bharatpur. To fortify his contention, he referred signature on Vakalat letter on 17.08.2023 attested by Jailor of Central Prison, Bharatpur.
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(2 of 2) [CRLR-1275/2023] Learned counsel for petitioner offers to withdraw this petition with liberty to file bail application/fresh application for suspension of sentence before learned appellate court with request to dispose of the same within two days. He also relied upon judgment of this court in case of Babu Lal Vs. State of Rajasthan [S.B. Criminal Misc. Petition No.3830/2023 dated 03.07.2023].
Having considered aforesaid, petition is disposed of with liberty to the petitioner to move a fresh application for suspension of sentence/bail application before learned appellate court. Learned Appellate Court is directed to dispose of the same within two days after filing of the same by the petitioner.
Misc. Application, if any, stands disposed of.
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