Shaymu Soni vs State Of Rajasthan
2021 Latest Caselaw 13044 Raj

                                         (1 of 3)                  [CRLR-513/2021]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 513/2021

Shaymu Soni S/o Kailash, Aged About 43 Years, Shivmarg
Teliwara, House No. 27, P.s. Dhanmandi, Dist. Udaipur (Raj.).
(Presently Lodged In Dist. Jail, Sirohi).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Sikander Khan
For Respondent(s)         :     Mr. M.S. Bhati, PP



     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 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 (Revision)

No.155/2021.


     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


                     (Downloaded on 24/08/2021 at 08:44:46 PM)
                                           (2 of 3)                   [CRLR-513/2021]


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.155/2021 filed under Section 397(1) Cr.P.C. is allowed and it

is ordered that the sentence passed by the learned Additional

Chief Judicial Magistrate, Sheoganj, District Sirohi in Cr. Regular

Case No.406/2016 vide order dated 26.05.2017 as affirmed by the

learned Special Judge SC/ST Court, Sirohi vide order dated

21.01.2019    in   Cr.      Appeal         No.117/2017            (67/2017)   (CIS

NO.67/2017) against the petitioner Shaymu Soni S/o Kailash,

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 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

           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.
                      (Downloaded on 24/08/2021 at 08:44:46 PM)
                                                                                (3 of 3)                [CRLR-513/2021]



                                        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.

64-Sudheer/-

Powered by TCPDF (www.tcpdf.org)