Rajasthan High Court - Jodhpur
Shakur Khan vs State Of Rajasthan on 24 November, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 886/2021
1. Shakur Khan S/o Haji Meer Mohammed, Aged About 36
Years, B/c Musalman, R/o Hindal Gol, P.s. Phalodi, Dist.
Jodhpur. (At Present Lodged In Central Jail, Bikaner).
2. Pharas Ram S/o Lasdu Ram, Aged About 52 Years, B/c
Bishnoi, R/o Modikiya, P.s. Bap, Dist. Jodhpur. (At Present
Lodged In Central Jail, Bikaner).
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. B.R. Bishnoi
Mr. M.L. Bishnoi
For Respondent(s) : Mr. Sudheer Tak, Public Prosecutor
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
24/11/2021
Heard.
Admit.
S.B. Cr. Misc. App. for Suspension of Sentence No.270/2021:
The applicants/petitioners herein stand convicted and
sentenced vide judgment dated 1.11.2018 passed by learned Civil
Judge and Judicial Magistrate in Original Cr. Case No. 162/05 (CIS
No. 504/14) which was affirmed by learned Additional Sessions
Judge, No.4, Bikaner vide order dated 27.10.2021 in Cr. Appeal
No. 44/2018 (CIS No. 203/2018) as under:-
Offences Sentence Fine Fine Default
sentences
Section 19/54 1 Year S.I. Rs.5,000/- 3 months SI
Rajasthan Excise
Act
(2 of 3) [CRLR-886/2021]
Learned counsel for the petitioners has submitted that
the petitioners have been sentenced for one year simple
imprisonment and a fine of Rs.5,000/-. They were on bail during
the trial. They are facing the trial since the year 2005. There is no
other criminal case pending against them. As per nominal roll
received from the jail, petitioners have remained in custody for 19
days upto 10.11.2021.
Learned Public Prosecutor has opposed the 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 period of short
sentence awarded by the learned trial court, I consider it just and
proper to suspend the sentence awarded to the accused
petitioners.
Accordingly, this 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 Civil Judge and
Judicial Magistrate vide order dated 1.11.2018 in Original Cr. Case
No. 162/05 (CIS No. 504/14) which was affirmed by learned
Additional Sessions Judge, No.4, Bikaner vide order dated
27.10.2021 in Cr. Appeal No. 44/2018 (CIS No. 203/2018) against
the petitioners (1) Shakur Khan S/o Haji Meer Mohammed
and; (2) Pharas Ram S/o Lasdu Ram, shall remain suspended
till final disposal of the aforesaid revision and they shall be
released on bail, provided they execute personal bond in the sum
of Rs.50,000/- each with two sureties of Rs.25,000/- each to the
(3 of 3) [CRLR-886/2021]
satisfaction of the learned trial Judge for their appearance in this
court on 17.1.2022 and whenever ordered to do so, till the
disposal of the revision on the conditions indicated below:-
1. That if the petitioners change the place of
residence, they will give in writing their changed
address to the trial Court as well as to the counsel
in the High Court.
2. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
(RAMESHWAR VYAS),J
16-Mak/-
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