Rajasthan High Court - Jodhpur
Banshilaal @ Banshi Ram vs State Of Rajasthan on 15 July, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 445/2021
Banshilaal @ Banshi Ram S/o Prahlad Ram, Aged About 35
Years, Village Kuliyana, Ps Peelwa, District Nagaur. (At Present
Lodged In Sub Jail, Phalodi).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Vikas Bijarnia
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/07/2021
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.
List in due course.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.145/2021.
Learned counsel for the petitioner makes a statement at Bar
that the petitioner has already undergone more than half of the
substantive sentence.
As an explanation for delay in filing the revision, learned
counsel for the petitioner submits that the petitioner was in
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judicial custody.
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.145/2021 filed under Section 397(i) Cr.P.C. is allowed and it
is ordered that the sentence passed by the learned Additional
Chief Judicial Magistrate, Phalodi, District Jodhpur in Cr. Case
No.10/2016 vide order dated 11.09.2017 as affirmed by the
learned Additional Sessions Judge, Phalodi, Jodhpur vide order
dated 08.07.2019 in Cr. Appeal No.04/2017 against the petitioner
Banshi Laal @ Banshi Ram S/o Prahlad 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 18.08.2021 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.
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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
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.
29-Sudheer/-
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