Ashok vs State Of Rajasthan
2021 Latest Caselaw 18819 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Appl.(SOS) No.177/2019 In S.B. Criminal Revision Petition No. 624/2019

Ashok S/o Sh. Hari Kishan Ji, Aged About 30 Years, B/c Bishnoi, R/o Village Sewara , Distt. Jalore

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. B. Ray Bishnoi For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order

10/12/2021

Heard learned counsel for the applicant-petitioner and

learned Public Prosecutor. Perused the material on record.

As per office report, the revision petition is reported to be

barred by limitation for 30 days.

Learned counsel for the petitioner has filed an application

under Section 5 of the Limitation Act.

For the grounds mentioned in the application and argued by

the petitioner, the application under Section 5 of the Limitation Act

is allowed. Delay in filing the revision petition is condoned.

Accused-petitioner has preferred this revision petition under

Section 397/401 Cr.P.C. to challenge judgment dated 13.12.2018

passed by Additional Sessions Judge No.5, Jodhpur Metropolitan

(for short, 'learned appellate Court'), whereby learned appellate

Court has affirmed judgment dated 22.01.2018 rendered by the

(2 of 3) [CRLR-624/2019]

Additional Chief Metropolitan Magistrate (PCPNDT Act Cases),

Jodhpur Metropolitan (for short, 'learned trial Court'). The learned

trial Court, by its verdict dated 22.01.2018, indicted accused-

petitioner for offence under Section 379 IPC and handed down

sentence of six months simple imprisonment with fine of

Rs.6,000/- and in default to further undergo one month simple

imprisonment.

Learned counsel for the petitioner submits that the petitioner

has been handed down a short sentence of six months. It is

further submitted by learned counsel for the petitioner that during

trial the petitioner was on bail, therefore, his sentence may be

suspended.

Learned Public Prosecutor has vehemently opposed the

application for suspension of sentence.

I have considered the rival arguments advanced by parties

and perused the judgments of Courts below. Having regard to the

facts and circumstances of the case and considering the short

sentence awarded, I feel inclined to accept this application for

suspension of sentence.

Accordingly, the application for suspension of sentence filed

under Section 397/401 Cr.P.C. is allowed and it is ordered that

sentence passed by Additional Chief Metropolitan Magistrate

(PCPNDT Act Cases), Jodhpur Metropolitan vide judgment dated

22.01.2018 in Original Criminal Case No.285/12(1503/15) as

affirmed by learned Additional Sessions Judge No.5, Jodhpur

Metropolitan, vide judgment dated 13.12.2018 in Cr. Appeal

No.83/18 (NCV No.83/18), against applicant-petitioner, Ashok son

(3 of 3) [CRLR-624/2019]

of Hari Kishan, shall remain suspended till final disposal of the

aforesaid revision and he shall be released on bail subject to his

furnishing a personal bond in the sum of Rs.50,000/- with two

sureties in the sum of Rs.25,000/- each to the satisfaction of

learned trial Judge for his appearance in this Court on 12.01.2022

and whenever ordered to do so, till disposal of the revision on the

conditions indicated below:-

1. That he will appear before the trial Court in the month of January every year till the revision 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 (s) to the trial Court.

The learned trial Court shall keep the record of attendance of

the 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

accused applicant fails to appear before the trial Court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(DEVENDRA KACHHAWAHA),J

105-Vij/-

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