Rajasthan High Court - Jodhpur
Om Prakash vs State Of Rajasthan on 6 April, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 333/2021
Om Prakash S/o Ramchandra Khati, Aged About 34 Years, B/c
Suthar, R/o Dabla, Tehsil Baneda, Dist. Bhilwara. (Lodged In
District Jail, Bhilwara).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Ratan Lal S/o Madan Khati, B/c Suthar, R/o Khari La
Lamba, Tehsil Hurda, Dist. Bhilwara.
----Respondents
For Petitioner(s) : Mr.J.V.S.Deora, Adv.
For Respondent(s) : Mr.Sudheer Tak, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/04/2021
Learned counsel for the petitioner has filed an application
under Section 5 of the Limitation for condonation of delay in filing
revision petition. It is submitted that the petitioner was not in
touch with his counsel before the court below and therefore, he
was not made known about the judgment dt. 29.08.2019 passed
by the learned Additional Sessions Judge, Gulabpura, Distt.
Bhilwara. In pursuance of warrant of arrest, now the petitioner has
been arrested and he is inside the jail since 17.03.2021.
For the reasons mentioned in the application (Inward
No.1/2021), the application is allowed and delay in filing the
revision petition is condoned.
Heard.
Admit. Issue notice. Call for the record.
(2 of 3) [CRLR-333/2021]
Learned Public Prosecutor accepts notice on behalf of the
respondent No.1-State. Let notice be issued to respondent No.2
only, returnable within six weeks.
Heard learned counsel for the petitioner and learned Public
Prosecutor on Application for Suspension of Sentence
No.118/2021.
Upon a consideration of the arguments advanced on behalf
of the petitioner and having regard to the facts and circumstances
of the case, this court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused-
petitioner subject to depositing the 50% of the cheque amount.
Accordingly, the application under Section 397(1) Cr.P.C. for
suspension of sentence is allowed and it is ordered that the
substantive sentence passed by the learned Additional Chief
Judicial Magistrate Gulabpura, Distt. Bhilwara vide judgment dated
10.05.2019 in Criminal Case No.269/2016 (284/2013) and
affirmed by the learned Additional Sessions Judge,
Gulabpura,Distt. Bhilwara vide judgment dated 29.08.2019 in
Criminal Appeal No.26/2019 against the accused-petitioner Om
Prakash S/o Ramchandra Khati shall remain suspended till the
final disposal of aforesaid revision subject to depositing 50% of
the cheque amount. The petitioner shall be released on bail
provided he executes a personal bond in the sum of Rs.1,00,000/-
along with two sureties in the sum of Rs.50,000/- each to the
satisfaction of the learned trial Judge for his appearance before
this court on 06.05.2021 and whenever ordered to do so till the
disposal of the revision on the conditions indicated below:-
(3 of 3) [CRLR-333/2021]
1. That he will appear before the trial Court in the
month of January of every year till the appeal
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
addresses, they will give in writing their
changed address to the trial Court.
4. Accused-Petitioner shall deposit 50% of the
cheque amount before the trial Court which
shall be disbursed to the respondent No.2 on a
proper application being filed.
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
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.
(MANOJ KUMAR GARG),J
123-NK/-
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