Chaggna Ram vs State Of Rajasthan
2022 Latest Caselaw 5595 Raj

                                           (1 of 3)                   [CRLR-313/2022]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 313/2022

1.     Chaggna Ram S/o Shri Nanda Regar, Aged About 65
       Years,    R/o     Sarsiya       Charnan,         Pander     Police   Station,
       Bhilwara, District Bhilwara. (Lodged In District Jail,
       Bhilwara)
2.     Gopal S/o Hardev Regar, Aged About 54 Years, R/o
       Sarsiya Charnan, Pander Police Station, Bhilwara, District
       Bhilwara. (Lodged In District Jail, Bhilwara)
3.     Smt. Sajjani W/o Rama Regar, Aged About 59 Years, R/o
       Paroli, Police Station Paroli, District Bhilwara. (Lodged In
       District Jail, Bhilwara)
                                                                     ----Petitioners
                                      Versus
1.     State Of Rajasthan, Through Pp
2.     Uda S/o Hazari Bairawa, Sarsiya Charnan, Pander Police
       Station, Dist. Bhilwara.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. JVS Deora
For Respondent(s)           :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

18/04/2022
1.   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.

2.   Admit. Issue notice to respondent no.2.

3.   Call for the record.

4.   Heard counsel for the parties.




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5.   Counsel for the petitioner submits that the sentence awarded

is short one i.e. six months' simple imprisonment, thus, prayed to

suspend the sentence of accused-petitioners no.1, 2 & 3, who are

65 years, 54 years and 59 years of age respectively.

6.   Counsel for the petitioners submits that the compromise has

happened between the parties.

7.   Learned PP opposed the application in general.

8.   Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced at the Bar, this

Court is of the opinion that the bail application for suspension of

sentence filed by the petitioner deserves to be accepted.

9.   Accordingly, this Suspension of sentence Application

No.91/2022 is allowed. It is ordered that the sentence passed

by learned Additional Chief Judicial Magistrate, Jahajpur, District

Bhilwara dated 09.10.2014 in Criminal Regular Case No.461/12

(194/2005) and modified by learned                Additional Sessions Judge,

Shahpura, District Bhilwara in Criminal Appeal No.34/2014 vide

judgment dated 31.03.2022 against the petitioners (1) Chaggna

Ram S/o Shri Nanda Regar (2) Gopal S/o Hardev Regar (3)

Smt. Sajjani W/o Rama Regar shall be released on bail,

provided each of them furnishes a personal bond in the sum of

Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of learned trial judge for their appearance before the

Registrar (Judicial) of this Court on or before 27.05.2022 and

whenever ordered to do so, till the disposal of the present revision

on the conditions indicated below:-

          1. That he/she/they will appear before the trial
          Court in the month of January of every year till the
          appeal is decided.

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                                                2. That if the applicant(s) changes the place of
                                                residence, he/she/they will give in writing
                                                his/her/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(s),
                                                they will give in writing their changed address to
                                                the trial Court.


                                   10.          In case the said accused applicant(s) 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.

253-nirmala/-

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