Citation : 2021 Latest Caselaw 3222 Raj
Judgement Date : 5 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 11/2021
Munsi Ram S/o Sh. Gopiram @ Dalu, Aged About 59 Years, B/c
Bawri, R/o Ward No. 18, Kaka Colony, Sardarshahar, Dist. Churu
(Raj.). (Lodged In District Jail, Churu).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. K.R. Saharan
For Respondent(s) : Mr. Anda Ram Choudhary PP for the
State.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
05/02/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Heard.
Admit. Since the learned Public Prosecutor is already
appearing on behalf of sole respondent-State, notice need not be
issued.
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, this Court
considers it just and proper to suspend the sentence awarded to
the accused petitioner.
Accordingly, the present S.B. Criminal Misc.
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(2 of 3) [CRLR-11/2021]
Bail/Suspension of Sentence Petition No.3/2021 filed under
Section 397/401 Cr.P.C. is allowed and it is ordered that the
sentence passed by the learned Judicial Magistrate, Sardarshahar,
Churu in Criminal Original Case No.97/2012 (937/2014) vide
order dated 18.11.2019 as affirmed by the learned Additional
Sessions Judge, Churu (Camp Sardarshahar) vide order dated
10.12.2020 in Criminal Appeal No.44/2019 against the petitioner
Munsi Ram S/o Sh. Gopiram @ Dalu 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 09.03.2021 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-
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(3 of 3) [CRLR-11/2021]
petitioner 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 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.
78-SKant/-
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