Rajasthan High Court - Jodhpur
Dilip Singh vs Pawan Kumar Pungalia on 19 May, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Criminal Revision Petition No. 447/2021
Dilip Singh S/o Shri Sohan Singh, aged about 47 years, By caste
Rajput, R/o Village Gangwana, Tehsil Nagaur, District Nagaur.
(Presently lodged at Central Jail, Jodhpur).
----Petitioner
Versus
Pawan Kumar Pungalia S/o Late Shri Sohan Lal Pungalia, By
caste Pungalia, R/o 10-A, Subhash Nagar, Pal Road, Jodhpur.
----Respondent
For Petitioner(s) : Mr. D.S. Sodha through video
conferencing
For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
19/05/2021
Lawyers are not physically appearing in the Court in view of
the unprecedented situation being faced by the country due to
pandemic of novel corona virus (COVID-19).
The present revision petition is reported to be barred by
1553 days for which an application under Section 5 of the
Limitation Act has been filed.
For the reasons mentioned in the application, the same is
allowed. The delay of 1553 days in filing the revision petition is
condoned.
Issue notice to the sole respondent.
Heard learned counsel for the petitioner on the application
for suspension of sentence.
(2 of 3) [CRLR-447/2021]
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, the application for suspension of sentence filed
under Section 397(1) Cr.P.C. is allowed and it is ordered that the
sentence passed by the Metropolitan Magistrate, Jodhpur
Metropolitan in Criminal Original Case No. 044/2012 (2628/2009)
(299/2010) vide Judgment & Order dated 21.03.2014 as affirmed
by the learned Additional Sessions Judge No. 2, Jodhpur
Metropolitan vide Judgment & Order dated 21.11.2016 against the
petitioner-applicant - Dilip Singh S/o Shri Sohan Singh 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/- (Rupees: Fifty Thousand Only) with two
sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only)
each to the satisfaction of the learned trial Judge for his
appearance in this court on 29.06.2021 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 applicant(s) 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.
(3 of 3) [CRLR-447/2021]
The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant 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 applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(VINIT KUMAR MATHUR),J
89-Inder/-
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