Rajasthan High Court - Jodhpur
Kamla Devi vs State Of Rajasthan on 25 April, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-360/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 360/2022
Kamla Devi D/o Nanak Ram, Aged About 70 Years, The Then
Nurse Of Bone Dept., Women Ward, Jawahar Lal Nehru Hospital,
Ajmer, Dist. Ajmer. (Confined In Dist. Jail, Nagaur).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Nand Kumar S/o Ladu Ram, Bhadsiya, Teh. Parbatsar,
Dist. Nagaur.
----Respondents
For Petitioner(s) : Mr. TRS Sodha
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/04/2022
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.
Learned counsel for the petitioner has referred to the
judgment rendered by Hon'ble Apex Court in the matter of MD.
Sukur Ali Vs. State of Assam reported in 2011 Cr.L.R.
(SC)232, in which the Hon'ble Apex Court has categorically laid
down the law that the accused in a criminal case should not suffer
from the default of his counsel and in such situation, the court
should appoint another counsel as Amicus Curiae.
Learned counsel for the petitioner submits that in present
case also, learned appellant court has passed an ex-parte order.
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Admit.
Issue notice to respondent no.2, returnable within a period
of four weeks.
Call for the record.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.111/2022.
Heard learned counsel for the parties and perused the record
of the case.
Considering the precedent law cited by learned counsel for
the petitioner and also the fact that the petitioner is 70 years old
lady, this Court is inclined to grant the sentence of suspension
application.
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, I consider it just and proper to
suspend the sentence awarded to the accused petitioner.
Accordingly, S.B. Suspension of Sentence (Revision)
No.111/2022 filed under Section 397/401 Cr.P.C. is allowed and
it is ordered that the sentence passed by the learned Additional
Chief Judicial Magistrate, Parbatsar, District Nagaur in Criminal
Case No.263/2008 vide order dated 16.06.2016 as affirmed by the
learned Additional Sessions Judge, No.2, Parbatsar, District Nagaur
vide order dated 28.09.2021 in Criminal Regular Appeal
No.25/2016 against the petitioner Kamla Devi D/o Nanak Ram,
shall remain suspended till final disposal of the aforesaid revision
and she shall be released on bail, provided he executes a personal
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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 her
appearance in this court on 25.05.2022 and whenever ordered to
do so, till the disposal of the revision on the conditions indicated
below:-
1. That she 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
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-Sudheer/-
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