Rajasthan High Court - Jodhpur
Gopal Lal vs State on 15 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1011/2021
Gopal Lal S/o Kalu Ram Meena, Aged About 34 Years, Ravat
Kheda Police Thana Jahajpur Dist. Bhilwara.
(At Present Lodged In Sub Jail, Jahajpur).
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Gaurav Singh, PP assisted by
Ms. Kamla Goswami
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
15/12/2021
Heard learned counsel for the petitioner as well as learned
Public Prosecutor, on application (No.308/2021) seeking
suspension of sentences.
Admit.
Send for the record.
By the instant application preferred under Section 397/401
Cr.P.C., petitioner has craved for suspending the sentences handed
down by learned Judicial Magistrate, Jahajpur, District Bhilwara,
vide order dated 11.03.2014 in Criminal Original Case No.26/2014
as affirmed by learned Additional Sessions Judge, Jahajpur,
District Bhilwara, vide judgment dated 12.11.2021 in Criminal
Appeal No.5/14. Learned trial Court, by the aforesaid verdict,
convicted the applicant-appellant for offence under Section 19/54
of the Rajasthan Excise Act.
(2 of 3) [CRLR-1011/2021]
Arguing on the application for suspension of sentences, it is
submitted by learned counsel that offence is triable by Magistrate;
petitioner is behind the bars since 12.11.2021; petitioner has been
handed down a sentence of one year Rigorous Imprisonment;
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, offence is triable by First Class
Magistrate; 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.308/2021) filed under Section 397/401 Cr.P.C. is allowed and
it is ordered that the sentences passed by learned Judicial
Magistrate, Jahajpur, District Bhilwara, vide order dated
11.03.2014 in Criminal Original Case No.26/2014 as affirmed by
learned Additional Sessions Judge, Jahajpur, District Bhilwara, vide
judgment dated 12.11.2021 in Criminal Appeal No.5/14, against
petitioner, Gopal Lal S/o Kalu Ram Meena, 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 17.01.2022 and whenever ordered to do so till disposal
(3 of 3) [CRLR-1011/2021]
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
10-Rashi/-
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