Rajendra Singh vs State Of Rajasthan
2022 Latest Caselaw 6212 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 353/2022

Rajendra Singh S/o Shri Jarnail Singh, Aged About 76 Years, B/c
Jat Sikh, R/o 9 Ll, Police Station Chunawad, District Sri
Ganganagar.(At Present Lodged In Central Jail, Sri Ganganagar)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. KV Vyas
For Respondent(s)         :     Mr. Mukesh Trivedi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

27/04/2022

     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

respondent No.1-State. Hence, notice need not be issued.

     Call for the record.

     List for final disposal of 23.05.2022.

     Heard learned counsel for the parties on S.B. Suspension

of Sentence (Revision) No.109/2022.

     I have considered the rival arguments advanced by the

parties and perused the judgments of the courts below.



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     Looking into the age of the petitioner, which is                 about 76

years as well as sentence awarded to the petitioner is of one year,

this Court is inclined to suspend the sentence awarded to the

present petitioner.

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

No.109/2022 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 No.1, Sri Ganganagar in

Criminal Regular Case No.1450/2011 vide order dated 01.07.2016

as affirmed by the learned Additional Sessions Judge No.2, Sri

Ganganagar vide order dated 08.04.2022 in Criminal Appeal

No.68/2016 (CIS NO.135/2016) against the petitioner Rajendra

Singh S/o Shri Jarnail Singh, 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 27.05.2022

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


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                                                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.

158-Sudheer/-

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