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Champa Lal vs State Of Rajasthan
2022 Latest Caselaw 10596 Raj

Citation : 2022 Latest Caselaw 10596 Raj
Judgement Date : 17 August, 2022

Rajasthan High Court - Jodhpur
Champa Lal vs State Of Rajasthan on 17 August, 2022
Bench: Pushpendra Singh Bhati
                                          (1 of 3)                    [CRLR-882/2022]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
            S.B. Criminal Revision Petition No. 882/2022

Champa Lal S/o Shri Ratta, Aged About 32 Years, R/o Rampura
Ki Dhani, Guda Endla Ps, Dist. Pali. (Confined In Central Jail,
Jodhpur).
                                                                      ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)          :     Mr. JVS Deora
For Respondent(s)          :     Mr. Arun Kumar, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

17/08/2022
     Admit.

     Learned Public Prosecutor accepts notice on behalf of

respondent-State. Hence, notice need not be issued.

     Heard learned counsel for the petitioner and the learned

Public Prosecutor on S.B. Suspension of Sentence (Revision)

No.283/2022.

     Learned    Public     Prosecutor         opposes         the   suspension    of

sentence application.

     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.


                      (Downloaded on 18/08/2022 at 08:23:29 PM)
                                           (2 of 3)                [CRLR-882/2022]


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

No.283/2022 filed under Section 397(1) Cr.P.C. is allowed and it

is ordered that the sentence passed by the learned Chief Judicial

Magistrate, Pali in Criminal Regular Case No.1128/2016 vide order

dated 04.05.2017 as affirmed by the learned Sessions Judge, Pali

vide order dated 19.12.2020 in Criminal Appeal No.59/2017

against the petitioner Champa Lal S/o Shri Ratta, 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 19.09.2022 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

           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



                      (Downloaded on 18/08/2022 at 08:23:29 PM)
                                                                                (3 of 3)                [CRLR-882/2022]



                                   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.

185-Zeeshan

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