Chhagan Lal vs State Of Rajasthan
2022 Latest Caselaw 6238 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 129/2022

Chhagan Lal S/o Hemaram Jat, Aged About 42 Years, Malyavas, P.s. Fulera, Dist. Jaipur (Raj.). (At Present Lodged In Dist. Jail, Bhilwara).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Naman Mohnot For Respondent(s) : Mr. Mahipal Bishnoi, PP

JUSTICE DINESH MEHTA

Order

27/04/2022

1. The petitioner has preferred the present writ petition against

the judgment dated 23.03.2022 passed by the learned Additional

Sessions Judge, No.2, Bhilwara, affirming the judgment and order

dated 04.04.2018 passed by the learned Judicial Officer, Gram

Nyayalaya, Suvana, District Bhilwara whereby the petitioner has

been convicted for the offence under Section 279 of the Indian

Penal Code for rash and negligent driving.

2. Heard.

3. Admit. Issue notice. Issue notice of stay application also.

4. Mr. Mahipal Bishnoi, learned Public Prosecutor accepts notice

on behalf of the respondent-State.

5. Call for record.

6. Having heard learned counsel for the parties on stay

application and having considered the totality of the facts and

(2 of 2) [CRLW-129/2022]

circumstances of the case, this Court deems it just and proper to

suspend the substantive sentence awarded to the petitioner by the

Courts below.

7. Accordingly, the stay application is allowed and it is ordered

that the substantive sentence passed by learned Judicial Officer,

Gram Nyayalaya, Suwana, District Bhilwara vide order dated

04.04.2018 and affirmed by the learned Additional Sessions

Judge, No.2, Bhilwara vide judgment dated 23.03.2022 against

the petitioner Chhagan Lal S/o Shri Hemaram Jat shall remain

stayed till final disposal of the present writ petition, provided he

executes a personal bond in the sum of Rs.50,000/- together with

two sureties of Rs.25,000/- each to the satisfaction of the learned

trial Court for his appearance before this Court on 29.05.2022 and

whenever ordered to do so with the incorporation in the bond that

as and when he will shift his place of residence, he will intimate to

this Court and his lawyer about his new place of residence.

(DINESH MEHTA),J 220-skm/-

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