Daula vs State Of Rajasthan
2021 Latest Caselaw 9932 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Suspension of Sentences (Revision) Application No.140/2021

In

S.B. Criminal Revision Petition No. 418/2021

1. Daula S/o Varda Meena, Aged About 45 Years, R/o Makadseema Ps Salumbar Dist. Udaipur. (At Present In Sub Jail, Salumbar).

2. Smt. Dhuli W/o Varda Meena, Aged About 39 Years, Makadseema Ps Salumbar Dist. Udaipur. (At Present In Sub Jail, Salumbar).

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

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha, through VC For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

01/07/2021 Heard learned counsel for the petitioners-applicants and the

learned Public Prosecutor.

I have considered the rival arguments advance 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 sentences awarded to the accused petitioners-

applicants.

(2 of 3) [SOS(R)-140/2021]

Accordingly, the application for suspension of sentences filed

under Section 397(1) Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned ACJM, Salumbar in Cr. Case

No.268/2013 vide order dated 21.01.2021 as affirmed by the

learned Additional Sessions Judge, Salumbar vide order dated

03.03.2021 in Cr. Appeal No.3/2021 (CIS No.3/2021) against the

petitioners-applicants Daula S/o Varda Meena and Smt. Dhuli W/o

Varda Meena shall remain suspended till final disposal of the

aforesaid revision and they shall be released on bail, provided

each of them executes a personal bond in the sum of Rs.40,000/-

with two sureties of Rs.20,000/- each to the satisfaction of the

learned trial Judge for his appearance in this court on 02.08.2021

and whenever ordered to do so, till the disposal of the revision on

the conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the revision is decided.

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), 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-applicant(s) in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-applicant(s) was/were 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

(3 of 3) [SOS(R)-140/2021]

case the said accused applicant(s) does not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

(SANDEEP MEHTA),J

18-Mamta/-

Powered by TCPDF (www.tcpdf.org)