Ramavatar vs State Of Rajasthan
2022 Latest Caselaw 14114 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 8088/2022

Ramavatar S/o Sh. Munshi Ram, Aged About 58 Years, Village
Kalota, Tan-B-Dura Ki Dhani, Khetari Police Station, Jhunjhunu,
Dist. Jhunjhunu.
                                                                      ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Bhagirath Ray Bishnoi
For Respondent(s)        :     Mr. Shrawan Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

01/12/2022

     Counsel for the petitioner submits that vide judgment dated

13.6.1992 petitioner herein came to be convicted for the offence

under Sections 457 & 380 IPC with a maximum sentence of two

year's   rigorous   imprisonment          but     due      to   his     casualness/

ignorance, the petitioner remained absconding for a long time and

presently the petitioner is in custody since 18.10.2022.

     Counsel for the petitioner further submits that petitioner's

application U/s.389 Cr. P.C., has been rejected by the court below

vide order dated 16.11.2022.

     This Court finds that the application seeking suspension of

sentence has rightly been rejected by the trial court as trial court

could not have suspended the sentence at this stage in the

present circumstance, however, this Court looking into the

custody; offence involved & total custody period being of two



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                                   year's RI only, directs the petitioner to file appeal before the trial

                                   court within a period of 60 days from today.

                                         In the peculiar circumstance while exercising powers under

                                   Section 482 Cr. P.C., sentence of petitioner-Ramavatar S/o. Shri

                                   Munshi Ram shall remain suspended for 60 days from today.

                                         He shall be accordingly be released by the trial court after

                                   imposing necessary condition.

                                         Upon filing appeal, the trial court shall decide the suspension

                                   of sentence application and shall be free to impose usual

                                   conditions.

                                                                (DR.PUSHPENDRA SINGH BHATI), J.

66-Sanjay/-

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