Rajasthan High Court - Jodhpur
Dhanna Ram vs State Of Rajasthan on 6 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 452/2022
1. Dhanna Ram S/o Sh. Shyoram, Aged 46 Years,
2. Ratan Lal S/o Sh. Shyoram, Aged 40 Years,
3. Bhag Chand S/o Sh. Shyoram, Aged 30 Years,
All R/o Bavariyo Ki Dhani, Billu P.S. Parbatsar Tehsil
Makrana, Dist. Nagaur. (At Present Lodged In Sub Jail,
Parbatsar).
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ravindra Kumar Acharya
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
06/12/2022
Heard.
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
State. Hence, notice need not be issued.
Heard learned counsel for the petitioners and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.452/2022.
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
(2 of 3) [SOSR-452/2022]
short sentence awarded by the learned trial court, I consider it
just and proper to suspend the sentence awarded to the accused
petitioners.
Accordingly, S.B. Suspension of Sentence (Revision)
No.452/2022 filed under Section 397 read with Section 401
Cr.P.C. is allowed and it is ordered that the sentence passed by the
learned Addl. Chief Judicial Magistrate, Parbatsar in Cr. Original
Case No.225/2009 vide order dated 19.09.2016 as affirmed by the
learned Addl. Sessions Judge No.2, Parbatsar vide order dated
29.06.2022 in Cr. Appeal No.52/2016 against the petitioners 1.
Dhanna Ram S/ Shri Shyoram, 2. Ratan Lal S/o Shri Shyoram and
3. Bhag Chand S/o Shri Shyoram shall remain suspended till final
disposal of the aforesaid revision petition and they shall be
released on bail, provided each of them executes a personal bond
in a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to
the satisfaction of the learned trial Judge for their appearance in
this court on 10.01.2023 and whenever ordered to do so, till the
disposal of the revision on the conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the revision is
decided.
2. That if the petitioners changes the place of
residence, they will give in writing 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,
they will give in writing their changed address to
(3 of 3) [SOSR-452/2022]
the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-petitioners in a separate file. Such file be registered
as Criminal misc. Case related to original case in which the
accused-petitioners 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 case the
said accused petitioners do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(FARJAND ALI),J
129-Amit/-
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