Mohan Lal vs The State Of Rajasthan
2022 Latest Caselaw 5201 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 246/2022

Mohan Lal S/o Sh. Megharam, Aged About 42 Years, 711,
Dhimadi Bass, Ranawas, Teh. Marwar Junction, P.s. Siriyari, Dist.
Pali (Raj.). (Presently Confined In Dist. Jail, Pali).
                                                                    ----Petitioner
                                     Versus
The State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Mohan Ram Choudhary
For Respondent(s)          :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

07/04/2022

     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.

     Heard learned counsel for the petitioner and the learned

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

No.58/2022.

     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

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.58/2022 filed under Section 397(1) Cr.P.C. is allowed and it is

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ordered that the sentence passed by the learned Chief Judicial

Magistrate No.1, Pali in Criminal Case No.5305/2016 vide order

dated 22.01.2020 as affirmed by the learned Sessions Judge, Pali

vide order dated 10.03.2022 in Criminal Appeal No.15/2020

against the petitioner Mohan Lal S/o Sh. Megharam 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 07.05.2022 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.


     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

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                                   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.

151-Zeeshan

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