Rajasthan High Court
Hajari Son Of Kishanya vs State Of Rajasthan on 25 August, 2022
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.399/2022
IN
S.B. Criminal Revision Petition No. 1261/2022
1. Hajari Son Of Kishanya, R/o Village Nanagwada, Tehsil
Baswa, District Dausa (Presently Confined In Sub Jail
Bandikui, Dausa)
2. Shriya Son Of Kishanya, R/o Village Nanagwada, Tehsil
Baswa, District Dausa (Presently Confined In Sub Jail
Bandikui, Dausa)
3. Ranglal Son Of Kishanya, R/o Village Nanagwada, Tehsil
Baswa, District Dausa (Presently Confined In Sub Jail
Bandikui, Dausa)
4. Vishram Son Of Bilya, R/o Village Nanagwada, Tehsil
Baswa, District Dausa (Presently Confined In Sub Jail
Bandikui, Dausa)
5. Ramswroop Son Of Shyodansingh, R/o Village
Nanagwada, Tehsil Baswa, District Dausa (Presently
Confined In Sub Jail Bandikui, Dausa)
6. Ramnarayan Son Of Laccha, R/o Village Nanagwada,
Tehsil Baswa, District Dausa (Presently Confined In Sub
Jail Bandikui, Dausa)
7. Raghuveer Son Of Laccha, R/o Village Nanagwada, Tehsil
Baswa, District Dausa (Presently Confined In Sub Jail
Bandikui, Dausa)
8. Kailash Son Of Laccha, R/o Village Nanagwada, Tehsil
Baswa, District Dausa (Presently Confined In Sub Jail
Bandikui, Dausa)
9. Ramkishan Son Of Chaju, R/o Chorwada, Police Station
Bandikui, District Dausa (Presently Confined In Sub Jail
Bandikui, Dausa)
----Petitioners
Versus
State Of Rajasthan, Through The P.p
----Respondent
(2 of 4) [SOSA-399/2022]
For Petitioner(s) : Mr. Arvind Sharma.
For Respondent(s) : Mr. Atul Sharma, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment / Order
25/08/2022
Heard on Application for Suspension of Sentence
No.399/2022.
Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the present case and
they are in judicial custody since long. He further submits that
according to the impugned judgment dated 30.07.2022, the
present petitioners have been convicted under Sections 120-B,
419, 467, 468, 471 IPC.
Learned Public Prosecutor has opposed the application for
suspension of sentences.
Heard learned counsel for the parties and perused the record
of the case.
Since, the petitioners are in custody since long and final
adjudication of the present revision is likely to take time, this
Court deems it appropriate to grant the suspension of sentence.
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the substantive sentences passed by
learned Additional Chief Judicial Magistrate, Bandidui, Dausa vide
order dated 20.02.2015 in Criminal Case No.67/2003, as affirmed
by learned Additional Sessions Judge No.2, Bandikui, District
Dausa vide order dated 30.07.2022 in Criminal Appeal
(3 of 4) [SOSA-399/2022]
No.08/2015 (CIS No.125/2020) against the petitioners (1) Hajari
S/o Kishanya, (2) Shriya S/o Kishanya, (3)Ranglal S/o
Kishanya, (4) Vishram S/o Bilya, (5) Ramswroop S/o
Shyodansingh, (6) Ramnarayan S/o Laccha, (7) Raghuveer
S/o Laccha, (8) Kailash S/o Laccha and (9) Ramkishan
S/o Chaju, shall remain suspended till final disposal of the
aforesaid revision and he shall be released on bail subject to
deposit the fine amount as imposed by the learned trial Court,
provided each of them executes a personal bond in the sum of
Rs.1,00,000/- each with two sureties of Rs.50,000/- each of to the
satisfaction of the learned trial Judge for their 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/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.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
4. Petitioner/petitioners shall deposit the fine
amount as imposed by the learned trial Court.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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
(4 of 4) [SOSA-399/2022]
case the said accused applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(KULDEEP MATHUR),J
53. PRASHANT JHA
Powered by TCPDF (www.tcpdf.org)
