Rajasthan High Court - Jodhpur
Sardula Ram vs State on 10 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 882/2021
Sardula Ram S/o Lalu Ram, Aged About 50 Years, B/c Jat, R/o
Malaksar Teh. Sardarshahar, Dist. Churu.
(At Present Lodged In Dist. Jail, Churu).
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Om Rajpurohit
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
10/12/2021
Heard learned counsel for the petitioner as well as learned
Public Prosecutor, on application (No.269/2021) seeking
suspension of sentences.
By the instant application preferred under Section 397
Cr.P.C., petitioner has craved for suspending the sentences handed
down by learned Additional Sessions Judge, Churu Camp
Sardarshahar, vide judgment dated 09.04.2021 in Criminal Appeal
No.05/2017 whereby, the appeal was partly allowed and the order
dated dated 17.01.2017 passed by learned Judicial Magistrate,
Sardarshahar, District Churu, in Criminal Case No.400/2007 was
modified. Learned trial Court, by the aforesaid verdict, convicted
the applicant-appellant for offences under Sections 341, 342, 323
and 325 of the Indian Penal Code.
(2 of 3) [CRLR-882/2021]
Arguing on the application for suspension of sentences, it is
submitted by learned counsel that sentence awarded to the
petitioner has been reduced and he has been handed down a
sentence of four months' Simple Imprisonment instead of one
year; during the trial, the petitioner remained on bail; final
decision of the appeal is likely to take considerable time, and,
therefore it would not be appropriate to keep applicant-appellant
under further incarceration.
Per contra learned Public Prosecutor has opposed the
application for suspension of sentences of the petitioner.
Although, as per arguments, during the trial, the petitioner
remained on bail; and trial will take sufficiently long time,
therefore, I feel inclined to accept this application for suspension
of sentences.
Accordingly, the application for suspension of sentence
(No.269/2021) filed under Section 397 Cr.P.C. is allowed and it is
ordered that the sentences passed by learned Additional Sessions
Judge, Churu Camp Sardarshahar, vide judgment dated
09.04.2021 in Criminal Appeal No.05/2017 whereby, the appeal
was partly allowed and the order dated dated 17.01.2017 passed
by learned Judicial Magistrate, Sardarshahar, District Churu, in
Criminal Case No.400/2007 was modified, against petitioner,
Sardula Ram S/o Lalu Ram, shall remain suspended till final
disposal of the aforesaid appeal 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 11.01.2022
(3 of 3) [CRLR-882/2021]
and whenever ordered to do so till disposal of the appeal, on the
conditions indicated below:-
1. That he will appear before the trial Court in the
month of January every year till the appeal is
decided.
2. That if the applicant 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(s),
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant 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 purposes relating to
pendency and disposal of cases in the trial court. In case the said
accused applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DEVENDRA KACHHAWAHA),J
138-Rashi/-
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