Dilip vs State Of Rajasthan
2022 Latest Caselaw 5133 Raj

                                         (1 of 3)                  [CRLR-149/2022]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 149/2022

Dilip S/o Jawahar Lal Bhat, Aged About 58 Years, R/o In Front Of
Sabji Mandi, Kushalgarh, Tehsil Kushalgarh, District Banswara.
(At Present Lodged In Sub Jail, Kushalgarh).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Rakesh Matoria
For Respondent(s)         :     Mr. Sudhir Tak, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

06/04/2022

     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 petitioner and the learned

Public Prosecutor on S.B. Suspension of Sentence (Revision)

No.32/2022.

     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

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short sentence awarded by the learned trial court, this Court

deems it just and proper to suspend the sentence awarded to the

accused petitioner.

     Accordingly, S.B. Suspension of Sentence (Revision)

No.32/2022 filed under Section 397 Cr.P.C. is allowed and it is

ordered that the sentence passed by the learned Additional Chief

Judicial Magistrate, Kushalgarh, District Banswara in Criminal

Original Case No.167/2020 vide order dated 08.11.2013 as

affirmed by the learned Additional Sessions Judge, Banswara

Camp Kushalgarh vide order dated 19.01.2022 in Criminal Appeal

No.12/2015 against the petitioner Dilip S/o Jawahar Lal Bhat,

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 06.05.2022 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.




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                                        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 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.

25-Zeeshan

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