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