Rajasthan High Court - Jodhpur
Joyab Ali vs State And Anr on 24 August, 2021
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-260/2016]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 260/2016
Joyab Ali
----Petitioner
Versus
State And Anr.
----Respondent
For Petitioner(s) : Mr. Sanjay Mathur
For Respondent(s) : Mr. M.S. Bhati, PP
Mr. SS Sishodia
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/08/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Admit.
Issue notice.
Learned Public Prosecutor and Mr. S.S. Sishodia, learned
counsel for the respondent no.2 accept notice on behalf of the
respondents no.1 and 2 respectively. Hence, service is complete.
Call for the record.
Learned counsel for the petitioner submits that the petitioner
is prepared to pay the 50% of the cheque amount (Rs.8 lacs),
which comes to Rs.4 lacs only.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
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(2 of 3) [CRLR-260/2016]
No.85/2016.
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.85/2016 filed under Section 397(1) Cr.P.C. is allowed and it is
ordered that the sentence passed by the learned Chief Judicial
Magistrate, Rajsamand in Cr. Regular Case No.201/2011
(180/2006) vide order dated 14.02.2013 as affirmed by the
learned Sessions Judge, Rajsamand vide order dated 23.12.2015
in Cr. Appeal No.19/2013 (CIS No.129/2014) against the
petitioner Joyab Ali S/o Late Ahmed Ali Bohra shall remain
suspended, till final disposal of the aforesaid revision and he shall
be released on bail, provided the petitioner deposits 50% of the
cheque amount before the learned trial Court which shall be
disbursed to the respondent No.2 and also 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 27.09.2021 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
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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.
56-Sudheer/-
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