Citation : 2022 Latest Caselaw 6243 Raj
Judgement Date : 27 April, 2022
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 215/2022
Ramdev Tax Fab, Through Proprietor Shakra Ram Patel S/o Lt.
Sh. Dhuda Ram Patel, R/o Sh. Saila Complex, Sabhapati Vel,
Estate Bellari (Karnatak). (At Present Lodged In Dist. Jail,
Bhilwara).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Apollo Textiles Mils Pvt. Ltd., Through Director Suja Ram
S/o Deva Ram Choudhary, R/o G-230 Forth Phase,
Industrial RIICO Area, Bhilwara.
----Respondents
For Petitioner(s) : Mr. Jogendar Singh
For Respondent(s) : Mr. M.S. Bhati, 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.
Issue notice to the respondent No.2, as the learned Public
Prosecutor accepts notice on behalf of the respondent No.1-State.
Call for the record.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Revision) No.46/2022.
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Learned counsel for the petitioner submits that the petitioner
has already deposited an amount of Rs.50,000/- and also submits
that the sentence awarded to the petitioner is of six months.
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, this Court
deems it just and proper to suspend the sentence awarded to the
accused petitioner.
Accordingly, S.B. Suspension of Sentence (Revision)
No.46/2022 filed under Section 397 & 401 Cr.P.C. is allowed and
it is ordered that the sentence passed by the learned Special
Judicial Magistrate N.I. Act Cases No.1, Bhilwara in Criminal
Regular Case No.270/2010 vide order dated 26.11.2016 as
affirmed by the learned Additional Sessions Judge (Woman
Atrocities Cases), Bhilwara vide order dated 22.02.2022 in
Criminal Appeal No.07/2019 against the petitioner/proprietor
Shakra Ram Patel S/o Late Shri Dhuda Ram Patel, 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
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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.
20-Zeeshan
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