Rajasthan High Court - Jodhpur
Gautam vs State Of Rajasthan on 13 July, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 415/2021
Gautam S/o Hakru Meena, Aged About 28 Years, R/o Ghatiya,
P.s. Salamgarh, Dist. Pratapgarh. (Presently Lodged In Central
Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vijay Kumar Gaur
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/07/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
State. Hence, notice need not be issued.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No138/2021.
The custody certificate furnished by learned Public
Prosecutor is taken on record.
I have considered the rival arguments advanced by the
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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)
No138/2021 filed under Section 397 Cr.P.C. is allowed and it is
ordered that the sentence passed by the learned Additional Chief
Judicial Magistrate, Arnod, District Pratapgarh in Cr. Regular Case
No.363/2017 vide order dated 17.08.2017 as affirmed by the
learned District and Sessions Judge, Pratapgarh vide order dated
31.03.2021 in Cr. Appeal No.67/2017 against the petitioner
Gautam S/o Hakru Meena, 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 16.08.2021
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
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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
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.
45-Sudheer/-
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