Rajasthan High Court - Jodhpur

Debu @ Baldev Singh vs State Of Rajasthan on 17 December, 2021

Bench: Devendra Kachhawaha

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

...

S.B. Criminal Revision Petition No. 810/2021

1. Debu @ Baldev Singh S/o Bhakhtawar Singh, aged 51 years,

2. Chhinda Singh @ Surendra Singh S/o Arjun Singh, aged 41 years, Both residents of 500 LNP, Hindumalkot Police Station, District Sri Ganganagar.

(Lodged In Central Jail, Sri Ganganagar)

----Petitioners Versus State Of Rajasthan through PP

----Respondent Connected With S.B. Criminal Revision Petition No. 811/2021 Praveen Kumar S/o Shri Uttam Chand, by caste Arora, aged about 40 years, resident of Village Odaki, Hindumalkot Police Station, Tehsil & District Sri Ganganagar. (Lodged In Central Jail, Sri Ganganagar)

----Petitioner Versus State Of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. Tirupati Chandra Sharma. For Respondent(s) : Mr. Gaurav Singh, PP.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

17/12/2021

S.B. Criminal Revision Petition No. 810/2021:

Heard learned counsel for the petitioners as well as learned

Public Prosecutor.

(2 of 6) [CRLR-810/2021]

Admit. Issue notice. Record has already been received.

Learned Public Prosecutor accepts notices on behalf of the

respondent - State of Rajasthan.

Heard learned counsel for the parties on the application

seeking suspension of sentences (SoS No. 244/2021).

Learned counsel for the petitioners stated that the accused-

petitioners have been convicted for the offence punishable under

Section 16/54 of Rajasthan Excise Act for a period of one year's

simple imprisonment along with a fine of Rs.200/- each by the

learned Chief Judicial Magistrate No.2, Sriganganagar in Criminal

Case No. 1782/2016 (4023/2014) vide judgment and order dated

31.08.2017 and the same was affirmed by the learned Additional

Sessions Judge No.1, Sriganganagar in Criminal Appeal No. 295-

A/2017 (CIS N. 295/2017) vide judgment and order dated

22.09.2021, while dismissing the appeal of the accused; that the

offence is triable by the Magistrate;that hearing of the revision

petition will take time, therefore, the sentences awarded to the

accused-petitioner may be suspended.

Per contra, learned Public Prosecutor has opposed the prayer

for suspending the sentences awarded to the accused-petitioner.

Learned Public Prosecutor does not wish to file reply to the

application.

Having regard to the facts and circumstances of the case,

particularly to the facts that the alleged offence is triable by the

First Class Magistrate; and that hearing of the revision petition will

take time, this Court is of the opinion that the application for

suspension of sentence deserves to be allowed.

(3 of 6) [CRLR-810/2021]

Accordingly, the application for suspension of sentence

(No. 244/2021) filed under Section 397(1) Cr.P.C. is allowed and it

is ordered that the sentence passed by learned Chief Judicial

Magistrate No.2, Sriganganagar in Criminal Case No. 1782/2016

(4023/2014) vide judgment and order dated 31.08.2017, as

affirmed by the learned Additional Sessions Judge No.1,

Sriganganagar in Criminal Appeal No. 295-A/2017 (CIS No.

295/2017) vide judgment and order dated 22.09.2021 against

applicant-petitioners, Debu @ Baldev Singh S/o Bhakhtawar Singh

and Chhinda Singh @ Surendra Singh S/o Arjun Singh, shall

remain suspended till final disposal of the aforesaid revision and

they shall be released on bail upon their 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 17.01.2022 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 change the place of residence, they 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.

(4 of 6) [CRLR-810/2021]

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 purposes relating to

pendency and disposal of cases in the trial Court. In case the

accused applicant fail appear before the trial Court, the learned

trial Judge shall report the matter to the High Court for

cancellation of bail.

S.B. Criminal Revision Petition No. 811/2021:

Heard learned counsel for the petitioner as well as learned

Public Prosecutor.

Admit. Issue notice. Record has already been received.

Learned Public Prosecutor accepts notices on behalf of the

respondent - State of Rajasthan.

Heard learned counsel for the parties on the application

seeking suspension of sentences (SoS No. 245/2021).

Learned counsel for the petitioner stated that the accused-

petitioner has been convicted for the offence punishable under

Section 16/54 of Rajasthan Excise Act for a period of one year's

simple imprisonment along with a fine of Rs.200/- by the learned

Chief Judicial Magistrate No.2, Sriganganagar in Criminal Case No.

1782/2016 (4023/2014) vide judgment and order dated

31.08.2017 and the same was affirmed by the learned Additional

Sessions Judge No.1, Sriganganagar in Criminal Appeal No.

286/2017 (CIS No. 283/2017) vide judgment and order dated

22.09.2021, while dismissing the appeal of the accused; that the

(5 of 6) [CRLR-810/2021]

offence is triable by the Magistrate; that hearing of the revision

petition will take time, therefore, the sentences awarded to the

accused-petitioner may be suspended.

Per contra, learned Public Prosecutor has opposed the prayer

for suspending the sentences awarded to the accused-petitioner.

Learned Public Prosecutor does not wish to file reply to the

application.

Having regard to the facts and circumstances of the case,

particularly to the facts that the alleged offence is triable by the

First Class Magistrate; and that hearing of the revision petition will

take time, this Court is of the opinion that the application for

suspension of sentence deserves to be allowed.

Accordingly, the application for suspension of sentence

(No. 245/2021) filed under Section 397(1) Cr.P.C. is allowed and it

is ordered that the sentence passed by learned Chief Judicial

Magistrate No.2, Sriganganagar in Criminal Case No. 1782/2016

(4023/2014) vide judgment and order dated 31.08.2017, as

affirmed by the learned Additional Sessions Judge No.1,

Sriganganagar in Criminal Appeal No. 286/2017 (CIS No.

283/2017) vide judgment and order dated 22.09.2021 against

applicant-petitioner, Praveen Kumar S/o Uttamchand, shall remain

suspended till final disposal of the aforesaid revision and he shall

be released on bail upon his 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 his appearance in this

Court on 17.01.2022 and whenever ordered to do so, till disposal

of the revision on the conditions indicated below:-

(6 of 6) [CRLR-810/2021]

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 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-