Rajasthan High Court - Jodhpur
Mitha Ram vs State Of Rajasthan on 10 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Criminal Misc. Appl for Suspension of Sentence No.235/2021
In
S.B. Criminal Revision Petition No. 798/2021
1. Mitha Ram S/o Rata Ram, Aged About 30 Years, R/o
Danvarli Police Station Bali, Tehsil And District Pali.
(At Present Lodged In District Jail, Pali)
2. Narayan S/o Mugla Ram, Aged About 28 Years, R/o
Gouriya Police Station Bali, Tehsil And District Pali.
(At Present Lodged In District Jail, Pali)
3. Ajaram S/o Chatra Ram, Aged About 27 Years, R/o
Gouriya Police Station Bali, Tehsil And District Pali. (At
Present Lodged In District Jail, Pali)
4. Dana Ram S/o Kasta Ram, Aged About 27 Years, R/o
Gouriya Police Station Bali, Tehsil And District Pali.
(At Present Lodged In District Jail, Pali)
5. Reshma Ram S/o Chatra Ram, Aged About 26 Years, R/o
Danvarli, Police Station Bali, Tehsil And District Pali.
(At Present Lodged In District Jail, Pali)
6. Suresh S/o Kasta Ram @ Kishna Ram, Aged About 26
Years, R/o Gouriya Police Station Bali, Tehsil And District
Pali.
(At Present Lodged In District Jail, Pali)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Mukhtiyaar Kha, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
10/12/2021
Heard on application for suspension of sentence.
(2 of 3) [CRLR-798/2021]
By the instant application under Section 397 Cr.P.C.,
applicant-petitioners have craved for suspending the sentence of
two years' rigorous imprisonment with fine of Rs.2,000/-and in
default of payment of fine to further undergo sentence for one
month's simple imprisonment for offence under Sections 457 and
380 IPC, handed down by Additional Chief Judicial Magistrate, Pali
(for short, 'learned trial Court'), by its verdict dated 06.12.2016
and affirmed by Sessions Judge, Pali (for short, 'learned appellate
Court') vide its judgment dated 20.09.2021.
It is submitted by learned counsel that during trial, accused-
petitioners were on bail and looking to the short sentence awarded
by trial Court and affirmed by appellate Court, same may be
suspended.
Having regard to the facts and circumstances of the case, I
feel persuaded to accept this application for suspension of
sentence.
Accordingly, the application for suspension of sentence filed
under Section 397 Cr.P.C. is allowed and it is ordered that the
sentence passed by learned Additional Chief Judicial Magistrate,
Pali in Criminal Original Case No.141/2015, vide judgment dated
06.12.2016, as affirmed by the learned Sessions Judge, Pali vide
judgment dated 20.09.2021 in Cr. Appeal No.07/2017 against
applicant-petitioners, (1) Mitha Ram S/o Rata Ram, (2) Narayan
S/o Mugla Ram, (3) Ajaram S/o Chatra Ram, (4) Dana Ram S/o
Kasta Ram, (5) Reshma Ram S/o Chatra Ram, and (6) Suresh S/o
Kasta Ram @ Kishna Ram, shall remain suspended till final
(3 of 3) [CRLR-798/2021]
disposal of the aforesaid revision and each of them shall be
released on bail upon furnishing 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 their 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 they will appear before the trial Court in the
month of January every year till the revision is
decided.
2. That if the applicants changes the place of
residence, they will give in writing their 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
the accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicants were 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 applicants fail 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
13-Bharti/-
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