Rajasthan High Court - Jodhpur
Tejpal vs State Of Rajasthan-State on 1 April, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-237/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 237/2022
1. Tejpal S/o Chunna Ram, Aged About 43 Years, B/c Jat,
R/o Gadhwala, Dist. Bikaner (Raj.). (At Present Lodged In
Dist. Jail, Bikaner).
2. Chuna Ram S/o Jetha Ram, Aged About 61 Years, B/c Jat,
R/o Gadhwala, Dist. Bikaner (Raj.). (At Present Lodged In
Dist. Jail, Bikaner).
----Petitioners
Versus
State Of Rajasthan-State, Through Pp
----Respondent
For Petitioner(s) : Mr. S.S. Khatri.
For Respondent(s) : Mr. Gaurav Singh, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/04/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, 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 petitioners and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.56/2022.
I have considered the rival arguments advanced by the
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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, this Court
deems it just and proper to suspend the sentence awarded to the
accused petitioners.
Accordingly, S.B. Suspension of Sentence (Revision)
No.56/2022 filed under Section 397(1) Cr.P.C. is allowed and it is
ordered that the sentence passed by the learned Additional Chief
Judicial Magistrate in Cr. Case No.584/2003 vide order dated
16.09.2019 as affirmed by the Learned Additional Sessions Judge
No.7, Bikaner vide order dated 09.03.2022 in Cr. Appeal
No.11/2020 (C.I.S. No.40/2017) against the petitioners (1)
Tejpal S/o Chunna Ram and (2) Chuna Ram S/o Jetha Ram
shall remain suspended till final disposal of the aforesaid revision
petition and they shall be released on bail, provided each of them
executes a personal bond in a sum of Rs.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for their appearance in this court on 02.05.2022 and
whenever ordered to do so, till the disposal of the revision on the
conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the revision is
decided.
2. That if the petitioners changes 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.
3. Similarly, if the sureties change their address,
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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-petitioners in a separate file. Such file be registered
as Criminal misc. Case related to original case in which the
accused-petitioners 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 case the
said accused petitioners do 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.
9-Zeeshan
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