Rajasthan High Court - Jodhpur
Kana Ram vs State Of Rajasthan on 13 May, 2021
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 321/2021
Kana Ram S/o Chhitarpal, Aged About 41 Years, R/o Village
Gega, Tehsil Dudu, Dist. Jaipur.
(At Present Lodged In Dist. Jail, Hanumangarh).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shankar Dayal through VC.
For Respondent(s) : Mr. Shravan Bishnoi, PP.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
13/05/2021
Heard learned counsel for the parties.
Admit. Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
State. Hence, notice need not be issued.
Heard on application for suspension of sentence.
I have considered the rival arguments advanced by the
parties and perused the judgments of the courts below.
Petitioner is in custody since 16.03.2021.
Looking to the facts and circumstances of the case and the
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.112/2021 filed under Section 397/1 Cr.P.C. is allowed and it is
ordered that the sentence passed by the Nyayadhikari, Gram
Nyayalaya, District - Hanumangarh in Criminal Case No.17/2012
vide order dated 27.08.2019 as affirmed by the learned Sessions
Judge, District - Hanumangarh in Criminal Appeal No.176/2019
(2 of 2) [CRLR-321/2021]
(CIS No. 176/2019) vide order dated 16.03.2021 against the
petitioner - Kana Ram S/o Chhitarpal, 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.1,00,000/- each with two sureties of Rs.50,000/- each to the
satisfaction of the trial court for his appearance along with
following conditions:-
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 change 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 doesn't appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(ARUN BHANSALI),J
69-Sachin/-
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