Rajasthan High Court - Jodhpur
Dinesh Vishnoi vs State Of Rajasthan on 5 February, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 43/2021
1. Dinesh Vishnoi S/o Shri Chena Ram, Aged About 35 Years, By
Caste Vishnoi, R/o Bhawad, Police Station Mathaniya, Jodhpur.
(At Present Lodged In District Jail Sirohi).
2. Prem Das S/o Jethu Das, B/c Das Vaishnav, R/o Bhawad,
Police Station Mathaniya, Jodhpur. (At Present Lodged In District
Jail Sirohi).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Devesh A Purohit & Mr. CVS
Shekhawat
For Respondent(s) : Mr. Vikram Sharma
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
05/02/2021
1. In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
2. Heard counsel for the parties.
3. Counsel for the petitioners submit that the maximum
sentence awarded is of three years' simple imprisonment, thus,
prayed that benefit of suspension of sentence be awarded to
them.
4. Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced at the Bar, this
Court is of the opinion that the bail application for suspension of
sentence filed by the petitioners deserve to be accepted.
(Downloaded on 08/02/2021 at 09:26:50 PM)
(2 of 2) [SOSR-43/2021]
5. Accordingly, this criminal misc. application for suspension of
sentence is allowed. It is ordered that the sentence passed by
learned Additional Chief Judicial Magistrate, Abuparwat, Camp Abu
Road, District Sirohi dated 10.10.2019 in Criminal Regular Case
No.856/2013 and affirmed by learned Additional Sessions Judge,
No.1, Abu Road, District Sirohi in Criminal Appeal No.22/2019 (Cis
No.22/2019) vide judgment dated 22.01.2021 against the
petitioners (1) Dinesh Vishnoi S/o Shri Chena Ram, and (2)
Prem Das S/o Jethu Das shall remain suspended and they shall
be released on bail provided each of them furnishes a personal
bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-
each to the satisfaction of learned trial Judge for their appearance
before the Registrar (Judicial) of this Court on or before
15.03.2021 and whenever ordered to do so, till the disposal of
the present revision on the conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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.
6. In case the said accused applicant(s) 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.
166-Sanjay/-
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