Mukesh vs State Of Rajasthan
2022 Latest Caselaw 14121 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                            JODHPUR
  S.B. Criminal Misc. 2nd Suspension Of Sentence(Revision) No.
                            451/2022

Mukesh S/o Laxman, Aged About 31 Years, Vill. Kadeliya, P.s.
Kotwali Banswara Dist. Banswara (Raj.). (At Present Lodged In
Dist. Jail Banswara).
                                                                      ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)          :     Mr. Bharat Shrimali
For Respondent(s)          :     Mr. SS Rajpurohit, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

01/12/2022
     Heard learned counsel for the petitioner and the learned

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

No.431/2022.

     Learned counsel for the petitioner submits that out of total

three years of sentence awarded, the petitioner has already

undergone about two years and nine months of custody.

     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.

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

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under Section 397/1 Cr.P.C. is allowed and it is ordered that the

sentence   passed     by     the     learned         Chief    Judicial   Magistrate,

Banswara in Criminal Regular Case No.420/2020 vide order dated

23.09.2021 as affirmed by the learned Sessions Judge, Banswara

vide order dated 17.11.2021 in Criminal Appeal No.114/2021

against the petitioner - Mukesh S/o Laxman 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 03.01.2023 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

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


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                                   learned trial Judge shall report the matter to the High Court for

                                   cancellation of bail.

                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

157-nirmala/-

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