Palvinder Singh vs State Of Rajasthan
2021 Latest Caselaw 19115 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

...

S.B. Criminal Revision Petition No. 997/2021

Palvinder Singh son of Shri Kuldeep Singh, aged about 32 years,

by caste Majahabi Sikh, resident of Chak 8 L.L., Dakakhana 5

L.L., Tehsil & District Sri Ganganagar (Raj.).

----Petitioner Versus

1. State Of Rajasthan through PP

2. Sushil Kumar Goyal son of Shri Moolchand Goyal, aged

about 52 years, by caste Agarwal, resident of 2-D-21,

Jawahar Nagar, Tehsil & District Sriganganagar (Raj.).

                                                                  ----Respondents


For Petitioner(s)           :    Mr. Himmat Jagga.
For Respondent(s)           :    Mr. Gaurav Singh, PP.
                                 Mr. Bhoop Singh Choudhary.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

15/12/2021

This petition has been filed after a delay of 876 days.

Learned counsel for the applicant-petitioner has filed an

application under Section 5 of the Limitation Act seeking

condonation of delay in filing the present revision petition.

The delay has not been opposed by the learned counsel

appearing on behalf of the respondents.

(2 of 4) [CRLR-997/2021]

In view of the above, the application is allowed and the delay

of 876 days in filing the present revision petition is condoned.

Send for the record.

Heard learned counsel for the parties on the application

seeking suspension of sentences.

Learned counsel for the petitioner as well as learned counsel

for the respondent No.2-complainant stated that as per the

statement made by both the learned counsel and as per the order

passed by the Court on 13.12.2021, total amount of Rs.2,70,000/-

has already been paid to the respondent No.2-complainant on

02.11.2021; that the hearing of the revision petition is likely to

take sufficiently long time, therefore, sentences awarded to the

accused-petitioner may kindly be suspended.

Learned Public Prosecutor and the learned counsel appearing

on behalf of the respondent No.2-complainant have opposed the

prayer for suspending the sentences awarded to the accused-

petitioner.

Having regard to the facts and circumstances of the case and

the rival arguments advanced by the parties and perused the

judgments of the courts below, this Court is of the opinion that it

would be just and proper to suspend the sentences awarded to the

accused petitioner.

(3 of 4) [CRLR-997/2021]

In the meantime, the application (No. 5901/2021) filed

under Section 397 Cr.P.C. read with Section 401 Cr.P.C. is allowed

and it is ordered that the sentences passed by the learned Special

Judicial Magistrate, NI Act Cases No.2, Sriganganagar (Raj.) in

Criminal Case No. 260/2016 (CIS No. 899/2016) vide judgment

and order dated 03.01.2019 as affirmed by the learned Sessions

Judge, Sriganganagar vide order dated 27.03.2019 in Criminal

Appeal No. 25/2019 against the petitioner-applicant - Palvinder

Singh S/o Kuldeep Singh, 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/- (Rupees:

Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees:

Twenty Five Thousand Only) 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 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 applicant(s) 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.

(4 of 4) [CRLR-997/2021]

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 purpose 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 143-Mohan/-

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