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Munsi Ram vs State
2021 Latest Caselaw 3222 Raj

Citation : 2021 Latest Caselaw 3222 Raj
Judgement Date : 5 February, 2021

Rajasthan High Court - Jodhpur
Munsi Ram vs State on 5 February, 2021
Bench: Pushpendra Singh Bhati
     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.

                    (Downloaded on 05/02/2021 at 09:31:49 PM)
                                             (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-
                      (Downloaded on 05/02/2021 at 09:31:49 PM)
                                                                                  (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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