Rajasthan High Court - Jodhpur
Sanjai 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. 959/2021
Sanjai Singh S/o Shri Ramsamujh Singh, age about 38 years,
R/o Bariyarpur, Police Station Gola, District Gorakhpur. (Uttar
Pradesh)
(Confined At District Jail, Jalore)
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Manoj Purohit.
For Respondent(s) : Mr. Shrawan Bishnoi, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
17/12/2021
Heard learned counsel for the accused-petitioner as well as
learned Public Prosecutor. Perused the record.
Admit. Issue notice. Record has already been received.
Learned Public Prosecutor accepts notices on behalf of the
respondent - State of Rajasthan. Hence, notices need not be
issued.
(2 of 4) [CRLR-959/2021]
Heard learned counsel for the parties on the application
seeking suspension of sentences (SoS No. 287/2021).
Learned counsel for the accused-petitioner stated that the
accused-petitioner has been convicted for the offences punishable
under Section 304-A for a period of two years' simple
imprisonment, under Section 337 IPC for a period of three
months' simple imprisonment, under Section 279 IPC for a period
of six months' simple imprisonment by the learned Additional
Chief Judicial Magistrate No.2, Jalore in Criminal Case No.
2888/2014 (CIS No. 2893/2014) vide judgment and order dated
18.01.2016 and the same was affirmed by the learned Sessions
Judge, Jalore in Criminal Appeal No. 120/2021 (CIS No.
123/2016) vide judgment and order dated 17.11.2021 and the
date of decision by the learned Appellate Court, the accused in
custody; that during the trial of the case, the accused was on bail;
and that the hearing of the revision petition will take time,
therefore, sentences awarded to the accused may kindly be
suspended.
Per contra, learned Public Prosecutor has opposed the
application seeking suspension of sentences. However, he does not
wish to file reply to the application.
Having regard to the facts and circumstances of the case,
particularly to the facts that during the trial of the case, the
(3 of 4) [CRLR-959/2021]
accused was on bail; that the accused is in judicial custody since
the date of judgment by the learned Appellate Court; that the
hearing of the revision petition will take sufficiently long time,
therefore, this Court is of the opinion that the application for
suspension of sentence deserves to be allowed.
Accordingly, the application for suspension of sentence (SoS
No. 287/2021) filed under Section 397(1) Cr.P.C. is allowed and it
is ordered that the sentence passed by learned Additional Chief
Judicial Magistrate No.2, Jalore in Criminal Case No. 2888/2014
(CIS No. 2893/2014) vide judgment and order dated 18.01.2016,
as affirmed by the learned learned Sessions Judge, Jalore in
Criminal Appeal No. 120/2021 (CIS No. 123/2016) vide judgment
and order dated 17.11.2021 against applicant-petitioner, Sanjai
Singh S/o Ramsamujh Singh, 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:-
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.
(4 of 4) [CRLR-959/2021]
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-
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.
(DEVENDRA KACHHAWAHA),J
146-Mohan/-
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