Citation : 2021 Latest Caselaw 9502 Raj
Judgement Date : 19 May, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 366/2021
Rajveer S/o Ranjeet Singh, Aged About 32 Years, R/o Dokwa,
P.s. Rajgarh, Tehsil Rajgarh, Dist. Churu (Raj.). (Lodged In
District Jail, Churu).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. KR Saharan on VC
For Respondent(s) : Mr. SS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
19/05/2021
In the wake of second surge in the COVID-19 cases, the
Court is functioning virtually and abundant caution is being
maintained for the safety of all concerned.
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
State. Hence, notice need not be issued.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on application for Suspension of Sentence.
I have 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, I consider it just and proper to
suspend the sentence awarded to the accused petitioner.
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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 learned Chief Judicial Magistrate, Churu in
Cr. Original Case No.684/2010 vide order dated 11.05.2017 as
affirmed by the learned Sessions Judge, Churu vide order dated
01.04.2021 in Cr. Appeal No.32/2017 against the petitioner
Rajveer S/o Ranjeet 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/-
with two sureties of Rs.25,000/- each to the satisfaction of the
learned trial Judge for his appearance in this court on 23.06.2021
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 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-
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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.
101-Sphophaliya/Sudheer/-
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