Man Singh vs State Of Rajasthan
2021 Latest Caselaw 19397 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

....

S.B. Criminal Revision Petition No. 1068/2021.

Man Singh S/o Shri Bheem Singh, Aged about 60 years, R/o Village : Khandap, Teh. Siwana, District Barmer.

(At Present Lodged In Central Jail, Jodhpur).

                                                                  ----Petitioner
                                   Versus
State Of Rajasthan through PP
                                                                ----Respondent


For Petitioner(s)        :     Mr. Suresh Charan.
For Respondent(s)        :     Mr. Sumer Singh Rajpurohit, PP.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

20/12/2021 Heard learned counsel for the petitioner as well as learned

Public Prosecutor. Perused the material available on record.

Admit. Issue notice.

Learned Pubic Prosecutor accepts notices on behalf of the

respondent - State of Rajasthan. Hence, notices need not be

issued.

Send for the record.

Heard learned counsel for the parties on application seeking

suspension of sentence (SoS No. 318/2021).

Learned counsel for the applicant-petitioner stated that the

accused-petitioner was convicted for the offences punishable

under Sections 408 IPC for a period of three years' simple

(2 of 4) [CRLR-1068/2021]

imprisonment with a fine of Rs.20,000/-, in default of payment of

fine to further undergo three months additional simple

imprisonment, under Section 420/120-B IPC for a period of three

years' simple imprisonment with a fine of Rs.20,000/-, in default

of payment of fine to further undergo three months additional

simple imprisonment, under Section 468/120-B IPC for a period of

three years' simple imprisonment with fine of Rs.20,000/-, in

default of payment of fine to further undergo three months

additional simple imprisonment, under Section 471/120-B IPC for

a period of two years' simple imprisonment with a fine of

Rs.10,000/-, in default of payment of fine to further undergo

additional one month simple imprisonment by the learned

Additional Chief Judicial Magistrate No.1, Jalore vide judgment and

order dated 23.01.2012 in Original Criminal Case No. 237/1998

(24/1994). Learned counsel also stated that on filing of the

appeal, the conviction under Section 468, 420, 471, 120-B IPC

was set aside by the learned Sessions Judge, Jalore vide

judgment and order dated 06.12.2021 in Criminal Appeal No.

23/2021 (CIS No. 115/2014) however, the conviction of the

accused-petitioner under Section 408 read with Section 120-B IPC

was maintained; that the alleged offences are triable by the

Magistrate; that during the trial of the case, the accused-

petitioner was on bail; that hearing of the revision petition will

take time, therefore, it has been prayed that the application

seeking suspension of sentences may kindly be allowed and the

accused-petitioner may be kindly be enlarged on bail.

(3 of 4) [CRLR-1068/2021]

Per contra, learned Public Prosecutor has opposed the

application seeking suspension of sentences (SoS No. 318/2021).

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 the alleged offences, under which the

accused-petitioner was convicted, are triable by the First Class

Magistrate; that during the trial of the case, the accused-

petitioner was on bail; that the accused-petitioner is behind the

bars since 06.12.2021; that hearing of the revision petition will

take, therefore, the application seeking suspension of sentences

may kindly be allowed and the petitioner may kindly be enlarged

on bail.

Accordingly, the application for suspension of sentences (SoS

No. 318/2021) 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.1, Jalore in Regular Criminal Case

No.237/1998 (24/1994), vide judgment and order dated

23.01.2012, as modified and affirmed by the learned Sessions

Judge, Jalore vide judgment and order dated 06.12.2021 in

Criminal Appeal No. 23/2021 (CIS No. 115/2014) against

applicant-petitioner, Man Singh S/o Bheem 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 21.01.2022 and whenever ordered to do so, till disposal

of the revision on the conditions indicated below:-

(4 of 4) [CRLR-1068/2021]

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-

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 157-Mohan/-

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