Rajasthan High Court - Jodhpur
Kanhaiya Lal vs State Of Rajasthan on 27 April, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-376/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 376/2022
1. Kanhaiya Lal S/o Banshi Lal, Aged About 86 Years, R/o
Village Khor, At Present R/o House No. 3/348, Old
Housing Board, Pali, District Pali. (Lodged In District Jail,
Pali)
2. Mahendra Kumar S/o Chunni Lal, Aged About 43 Years, B/
c Keer, R/o 98, Keero Ki Dhani, Pali, Distt. Pali. (Lodged
In District Jail, Pali)
3. Kalu Singh S/o Prabhu Singh, Aged About 49 Years, B/c
Ravana Rajput, R/o Village Khor, Tehsil And District Pali.
(Lodged In District Jail, Pali)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. T.R. Singh Sodha
For Respondent(s) : Mr. SS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/04/2022
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. Call for the record.
3. No need to issue notice as the learned PP is already
appearing for the respondent-State.
4. Counsel for the petitioner submits that the maximum
sentence awarded to accused-petitioner is of six months' simple
imprisonment and final adjudication of revision petition is likely to
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take a long time, thus, prayed to suspend the sentence of
accused..
5. Learned PP opposed the application.
6. 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.
7. Accordingly, this Suspension of sentence Application
No.116/2022 is allowed. It is ordered that the sentence passed
by learned Additional Chief Judicial Magistrate, Pali vide dated
14.01.2020 in Criminal Original Case No.1252/2014, affirmed by
the learned Sessions Judge, Pali in Criminal Appeal No.13/2020
vide judgment dated 22.04.2022 against the petitioners (1)
Kanhaiya Lal S/o Banshi Lal, (2) Mahendra Kumar S/o
Chunni Lal and (3) Kalu Singh S/o Prabhu Singh 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 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
revision 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.
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3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
8. 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.
161-nirmala/Sanjay
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