Manchha Ram vs State Of Rajasthan
2021 Latest Caselaw 11797 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Suspension Of Sentence(Revision) No. 18/2021

Manchha Ram S/o Shri Chhagan Lal, Aged About 43 Years, By Caste Mali, R/o Goyali, Sirohi, Tehsil And District Sirohi (Raj.). (Presently Lodged At Central Jail Jodhpur).

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent Connected With S.B. Criminal Revision Petition No. 860/2020 In S.B. Criminal Misc. Suspension of Sentence Application No.225/2020 Pradeep Kumar S/o Sh. Moola Ram, Aged About 39 Years, B/c Mali, R/o Bhatkada, Tehsil And Dist. Sirohi (Raj.). (At Present Lodged In Central Jail, Jodhpur).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent S.B. Suspension Of Sentence(Revision) No. 17/2021

1. Manchha Ram S/o Shri Chhagan Lal, Aged About 43 Years, By Caste Mali, R/o Goyali, Sirohi, Tehsil And District Sirohi (Raj.). (Presently Lodged At Central Jail Jodhpur).

2. Chhagan Lal son of Shri Babu Lal, aged about 73 years, by Caste Mali, resident of Goyali, Sirohi, Tehsil & District Sirohi (Raj) Presently lodged at Central Jail, Jodhpur.

----Petitioner Versus State, Through P.p.

----Respondent S.B. Suspension Of Sentence(Revision) No. 19/2021

1. Manchha Ram S/o Shri Chhagan Lal, Aged About 43 Years, By Caste Mali, R/o Goyali, Sirohi, Tehsil And District Sirohi (Raj.). (Presently Lodged At Central Jail Jodhpur).

(2 of 11) [SOSR-18/2021]

2. Chhagan Lal son of Shri Babu Lal, aged about 73 years, by Caste Mali, resident of Goyali, Sirohi, Tehsil & District Sirohi (Raj) Presently lodged at Central Jail, Jodhpur.

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent S.B. Suspension Of Sentence(Revision) No. 20/2021

1. Manchha Ram S/o Shri Chhagan Lal, Aged About 43 Years, By Caste Mali, R/o Goyali, Sirohi, Tehsil And District Sirohi (Raj.). (Presently Lodged At Central Jail Jodhpur).

2. Chhagan Lal son of Shri Babu Lal, aged about 73 years, by Caste Mali, resident of Goyali, Sirohi, Tehsil & District Sirohi (Raj) Presently lodged at Central Jail, Jodhpur.

----Petitioner Versus State, Through P.p.

----Respondent S.B. Suspension Of Sentence(Revision) No. 21/2021

1. Manchha Ram S/o Shri Chhagan Lal, Aged About 43 Years, By Caste Mali, R/o Goyali, Sirohi, Tehsil And District Sirohi (Raj.). (Presently Lodged At Central Jail Jodhpur).

2. Chhagan Lal son of Shri Babu Lal, aged about 73 years, by Caste Mali, resident of Goyali, Sirohi, Tehsil & District Sirohi (Raj) Presently lodged at Central Jail, Jodhpur.

----Petitioner Versus State, Through P.p.

----Respondent S.B. Suspension Of Sentence(Revision) No. 22/2021

1. Manchha Ram S/o Shri Chhagan Lal, Aged About 43 Years, By Caste Mali, R/o Goyali, Sirohi, Tehsil And District Sirohi (Raj.). (Presently Lodged At Central Jail Jodhpur).

2. Chhagan Lal son of Shri Babu Lal, aged about 73 years, by

(3 of 11) [SOSR-18/2021]

Caste Mali, resident of Goyali, Sirohi, Tehsil & District Sirohi (Raj) Presently lodged at Central Jail, Jodhpur.

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent S.B. Suspension Of Sentence(Revision) No. 35/2021 Pradeep Kumar S/o Sh. Moola Ram, Aged About 39 Years, By Caste Mali, R/o Bhatkada, Tehsil And District Sirohi (Rajasthan). (At Present Lodged In Central Jail Jodhpur).

----Petitioner Versus State, Through P.p.

----Respondent S.B. Suspension Of Sentence(Revision) No. 70/2021 Manchha Ram S/o Shri Chhagan Lal, Aged About 43 Years, By Caste Mali, R/o Goyali, Sirohi, Tehsil And District Sirohi (Raj.). (Presently Lodged At Central Jail Jodhpur).

----Petitioner Versus State, Through P.p.

----Respondent S.B. Criminal Revision Petition No. 164/2021 Pradeep Kumar S/o Sh. Moola Ram, Aged About 39 Years, By Caste Mali, R/o Bhakkada, Tehsil And District Sirohi (Rajasthan). (At Present Lodged In Central Jail Jodhpur).

----Petitioner Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr. Pritam Solanki Mr. RJ Punia For Respondent(s) : Mr. M.S. Bhati, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

(4 of 11) [SOSR-18/2021]

Order

29/07/2021

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 S.B. Suspension Of Sentence(Revision) No.

18/2021 & 70/2021 (Manchha Ram) :-

Heard learned counsel for the parties.

Learned counsel for the petitioner submits that the petitioner

has undergone a total continuous sentence of 5 years earlier and

2 years, 9 months and 23 days subsequently. The petitioner has

undergone a total sentence for a period of 7 years, 9 months and

23 days. He, therefore, prays that the sentences awarded to the

petitioner may be suspended during pendency of the present

revisions.

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

sentences awarded by the learned trial court, this Court deems it

just and proper to suspend the sentences awarded to the accused

petitioner.

Accordingly, these criminal misc. suspension of sentences

applications filed under Section 397/401 Cr.P.C. are allowed and it

is ordered that the sentences passed by the learned Chief Judicial

Magistrate, Sirohi, District Sirohi, (in Criminal Regular Case

No.187/2017 (CIS No.187/2017) vide order dated 07.08.2019)

and (in Criminal Regular Case No.186/2017 (CIS No.186/2017)

vide order dated 07.08.2019) as affirmed by the learned Special

(5 of 11) [SOSR-18/2021]

Judge, Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Cases, Sirohi, District Sirohi (vide order dated

06.11.2020 in Criminal Appeal No.7/2020 (73/2019) (CIS

No.73/2019) and (vide order dated 08.01.2021 in Criminal Appeal

No.59/2019 (31/2020) (CIS No.59/2019) against the petitioner

Manchha Ram S/o Shri Chhagan Lal, shall remain suspended

till final disposal of the aforesaid revisions 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 31.08.2021 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

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

(6 of 11) [SOSR-18/2021]

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.

In S.B. Criminal Revision Petition No. 860/2020 (S.B.

Criminal Misc. Suspension of Sentence Application

No.225/2020) & S.B. Suspension Of Sentence(Revision)

No. 35/2021 (Pradeep Kumar) : -

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

sentences awarded by the learned trial court, this Court deems it

just and proper to suspend the sentences awarded to the accused

petitioner.

Accordingly, these criminal misc. suspension of sentences

applications No.225/2020 & 35/2021 filed under Section 397

Cr.P.C. are allowed and it is ordered that the sentences passed by

the learned Chief Judicial Magistrate, Sirohi (in Criminal Regular

Case No.187/2017 (CIS No.187/2017) vide order dated

07.08.2019) and (in Criminal Regular Case No.86/2017 (CIS

No.86/2017) vide order dated 07.08.2019) as affirmed by the

learned Special Judge, Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Cases, Sirohi, (vide order dated

06.11.2020 in Criminal Appeal No.28/2020 (45/2019) (CIS

No.45/2019) and (vide order dated 10.12.2020 in Criminal Appeal

No.30/2020 (CIS No.43/2019) against the petitioner Pradeep

Kumar S/o Sh. Moola Ram, shall remain suspended till final

(7 of 11) [SOSR-18/2021]

disposal of the aforesaid revisions 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 31.08.2021

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

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.

                                             (8 of 11)                   [SOSR-18/2021]



     In      S.B.     Suspension            Of     Sentence(Revision)                 No.

22/2021,       21/2021,          20/2021,            19/2021           &     17/2021

(Manchha Ram & Chhagan Lal).

Heard learned counsel for the parties.

Learned counsel for the petitioners submits that the

petitioner no.1- Manchha Ram has undergone a total continuous

sentence of 5 years earlier and 2 years, 9 months and 23 days

subsequently. Petitioner no.1-Manchha Ram has undergone a total

sentence for a period of 7 years, 9 months and 23 days. He

further submits that the petitioner no.2-Chhagan Lal has

undergone a total sentence for a period of 7 years, 9 months and

15 days. He, therefore, prays that the sentences awarded to the

petitioners may be suspended during pendency of the present

revisions.

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

sentences awarded by the learned trial court, this Court deems it

just and proper to suspend the sentences awarded to the accused

petitioners.

Accordingly, these criminal misc. suspension of sentences

applications filed under Section 397/401 Cr.P.C. are allowed :-

( [1]. In Suspension of Sentence (Revision) No.21/2021)

It is ordered that the sentences passed by the learned Chief

Judicial Magistrate, Sirohi, District Sirohi, in Criminal Regular Case

No.303/2018 (CIS No.303/2018), vide order dated

07.08.2019, as affirmed by the learned Special Judge, Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Cases,

(9 of 11) [SOSR-18/2021]

Sirohi, District Sirohi, vide order dated 10.11.2020 in Criminal

Appeal No.34/2020 (56/2019) (CIS No.56/2019).

( [2]. In Suspension of Sentence (Revision) No.19/2021)

It is ordered that the sentences passed by the learned Chief

Judicial Magistrate, Sirohi, District Sirohi, in Criminal Regular Case

No.199/2017, (524/2015) (CIS No.199/2017) vide order

dated 07.08.2019, as affirmed by the learned Special Judge,

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Cases, Sirohi, District Sirohi, vide order dated 03.11.2020 in

Criminal Appeal No.36/2020 (54/2019) (CIS No.54/2019).

( [3]. In Suspension of Sentence (Revision) No.22/2021)

It is ordered that the sentences passed by the learned Chief

Judicial Magistrate, Sirohi, District Sirohi, in Criminal Regular Case

No.86/2017 (CIS No.86/2017) vide order dated 07.08.2019),

as affirmed by the learned Special Judge, Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Cases, Sirohi, District

Sirohi (vide order dated 10.12.2020 in Criminal Appeal

No.38/2020 (52/2019) (CIS No.52/2019).

( [4]. In Suspension of Sentence (Revision) No.20/2021)

It is ordered that the sentences passed by the learned Chief

Judicial Magistrate, Sirohi, District Sirohi, in Criminal Regular Case

No.202/2017, (1/2016) (CIS No.202/2017) vide order dated

07.08.2019), as affirmed by the learned Special Judge,

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Cases, Sirohi, District Sirohi (vide order dated 27.10.2020 in

Criminal Appeal No.32/2020 (58/2019) (CIS No.58/2019).

(10 of 11) [SOSR-18/2021]

( [5]. In Suspension of Sentence (Revision) No.17/2021)

It is ordered that the sentences passed by the learned Chief

Judicial Magistrate, Sirohi, District Sirohi, in Criminal Regular Case

No.200/2017, (CIS No.200/2017) vide order dated

07.08.2019), as affirmed by the learned Special Judge,

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Cases, Sirohi, District Sirohi (vide order dated 04.09.2020 in

Criminal Appeal No.35/2020 (55/2019) (CIS No.55/2019)

and the sentence of petitioners (1) Manchha Ram S/o Shri

Chhagan Lal and (2) Chhagan Lal S/o Shri Babu Lal, shall

remain suspended till final disposal of the aforesaid revision

petitions and they shall be released on bail, provided each of them

execute 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 their appearance in this court on 31.08.2021 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.

(11 of 11) [SOSR-18/2021]

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.

In S.B. Criminal Revision Petition No. 164/2021 :-

The application for suspension of sentence (Revision)

No.59/2021 has already been decided by this Court vide order

dated 20.07.2021.

Office to proceed accordingly.

(DR.PUSHPENDRA SINGH BHATI),J.

65-74-Sudheer/-

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