Rajasthan High Court - Jodhpur
Deepak Kumar vs State Of Rajasthan on 22 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 886/2022
Deepak Kumar S/o Shri Manoj Kumar Brahmin, Aged About 34
Years, R/o Chitrakut Colony Nearby Shambhu And Company
Keekr Road Chittorgarh Dist. Chittorgarh (Confined In Central
Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. S.S. Shaktawat
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/08/2022
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.287/2022.
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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(2 of 3) [CRLR-886/2022]
Accordingly, S.B. Suspension of Sentence (Revision)
No.287/2022 filed under Section 397(1) Cr.P.C. is allowed and it
is ordered that the sentence passed by the learned Additional
Chief Judicial Magistrate, Mawli, District Udaipur in Criminal
Regular Case No.775/2016 (179/2017) vide order dated
04.06.2022 as affirmed by the learned Additional Sessions Judge,
Mawli, District Udaipur vide order dated 22.07.2022 in Criminal
Appeal No.50/2022 against the petitioner Deepak Kumar S/o
Shri Manoj Kumar Brahmin, 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
27.09.2022 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
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(3 of 3) [CRLR-886/2022]
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.
364-Zeeshan
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