Rajasthan High Court - Jodhpur
Pradeep Kumar vs State Of Rajasthan on 20 July, 2021
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-95/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 95/2021
Pradeep Kumar S/o Sh. Moola Ram, Aged About 39 Years, By
Caste Mali, R/o Bhatkada, Tehsil And District Sirohi (Raj.). (At
Present Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.J. Punia
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/07/2021
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.
In Revision Petition:
Record received.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
State. Hence, notice need not be issued.
In Suspension of Sentence Application No.36/2021:
Heard learned counsel for the parties.
This Court has 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 deems it
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just and proper to suspend the sentence awarded to the accused
petitioner.
Accordingly, this criminal misc. suspension of sentence
application filed under Section 397 Cr.P.C. is allowed and it is
ordered that the sentence passed by the learned Chief Judicial
Magistrate, Sirohi in Criminal Regular Case No.186/2017 (CIS
No.186/2017) vide order dated 07.08.2019 as affirmed by the
learned Special Judge, SC/ST (Prevention of Atrocities) Cases,
Sirohi vide order dated 08.01.2021 in Criminal Appeal No.37/2019
(26/2020) (CIS No.37/2019) against the petitioner Pradeep
Kumar S/o Shri Moola 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 21.08.2021
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
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
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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.
88-Zeeshan
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