Pukhraj vs State Of Rajasthan
2022 Latest Caselaw 6126 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 342/2022

Pukhraj S/o Pannaram, Aged About 33 Years, B/c Banjara Bhat,
R/o Raunagar, Rupawas, Dist. Pali (Raj.) (Presently Lodged At
Central Jail, Pali)
                                                                     ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)          :     Mr. Shekhar Mewara
For Respondent(s)          :     Mr. SS Rajpurohit, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

26/04/2022
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.      No need to issue notice as learned PP is already

appearing for the respondent-State.

3.   Counsel for the petitioner submits that the maximum

sentence   awarded       to     accused        is    of    three    years'   simple

imprisonment and, thus, prayed to suspend the sentence as final

adjudication/hearing of revision is likely to take a long time.

4.   Learned PP opposed the application.

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

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




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

sentence filed by the petitioner deserves to be accepted.

6.   Accordingly, this Suspension of sentence Application

No.102/2022 is allowed. It is ordered that the sentence passed

by   learned   Additional    Chief      Judicial       Magistrate,     Pali   dated

23.11.2021 in Criminal Original Case No.2010/2017 affirmed by

the learned Sessions Judge, Pali in Criminal Appeal No.87/2021

vide judgment dated 06.04.2022 against the petitioner Pukhraj

S/o Pannaram shall be released on bail provided he 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 his

appearance before Registrar (Judicial) of this Court on or before

30.05.2022 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.
          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.


7.        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.



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                                   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.

154-Sanjay/-

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