Achlaram vs State
2021 Latest Caselaw 2590 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 106/2021

Achlaram S/o Shri Raghunath Ram, Aged About 45 Years, By
Caste Jat, R/o Village Nandwan, P.s. Luni, District Jodhpur. (At
Present Lodged In Central Jail, Jodhpur).
                                                                  ----Petitioner
                                   Versus
State, Through P.p.
                                                                ----Respondent


For Petitioner(s)        :     Mr. Ram Kishan Bishnoi
For Respondent(s)        :     Mr. SS Rajpurohit, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

01/02/2021
     In wake of onslaught of COVID-19, abundant caution is being

taken while hearing the matters in Court.

     Heard learned counsel for the petitioner and the learned

Public Prosecutor on S.B. Suspension of Sentence (Revision)

No.41/2021.

     I have considered the rival arguments advanced by the

parties and perused the judgments of the courts below. Looking

to the facts and circumstances of the case and the short sentence

awarded by the learned trial court, I consider it just and proper to

suspend the sentence awarded to the accused petitioner.


     Accordingly, S.B. Suspension of Sentence (Revision)

No.41/2021 filed under Section 397 Cr.P.C. is allowed and it is

ordered that the sentence passed by the learned Additional Chief

Judicial Magistrate, No.01, Jodhpur Metro in Cr.Case No.208/2014

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(7446/15) vide order dated 10.10.2019 as affirmed by the learned

Additonal Session Judge No.6, Jodhpur Metro vide order dated

22.01.2021 in Cr. Appeal No.568/2019 (S.C.V. No.568/2019)

against the petitioner Achlaram S/o Shri Raghunath Ram,

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/- with two sureties of Rs.25,000/-

each to the satisfaction of the learned trial Judge for his

appearance in this court on 01.03.2021 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 petitioner 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.


     The learned trial Court shall keep the record of attendance of

the accused-petitioner in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

petitioner was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall



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                                   not be taken into account for statistical purpose relating to

                                   pendency and disposal of cases in the trial court. In case the said

                                   accused-petitioner does not appear before the trial court, the

                                   learned trial Judge shall report the matter to the High Court for

                                   cancellation of bail.

                                                                     (DR.PUSHPENDRA SINGH BHATI),J.

274-Sudheer/-

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