Niyaz Mohammed @ Bhaitiya vs State Of Rajasthan
2022 Latest Caselaw 14377 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1507/2022

Niyaz Mohammed @ Bhaitiya S/o Gulsher Mohammed, Aged About 45 Years, Pithalvadi, P.s. Chhoti Sadari Dist. Pratapgarh. (At Present Lodged In Sub Jail, Nimbahera).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Ravindra Acharya For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

07/12/2022

The delay in filing the instant revision petition is condoned.

The brief facts of the case are that the appellant was

convicted and sentenced by the learned Additional Chief Judicial

Magistrate No.2, Nimbahera District Chittorgarh in Criminal

Original Case No. 213/2017 for committing offences under

Sections 457, 380 and 411 IPC. In an appeal preferred on his

behalf, the learned Appellate Court took a lenient view and though

maintained the conviction but instead of sending him jail at once a

benefit of probation was extended in his favour as well as he was

directed to pay a sum of Rs. 3,000/- as a cost of proceedings

within seven days from the date of judgment; i.e. 30.7.2022. The

petitioner failed to furnish the requisite bail bonds in accordance

with the direction of the learned Appellate Court as well as he did

not deposit the cost of proceedings.

(2 of 2) [CRLR-1507/2022]

Heard learned counsel for the petitioner and learned public

prosecutor. Perused the material available on record.

After considering the submissions and taking into overall

facts and circumstances of the case, this Court is feel persuaded

to take a lenient view and thus one more opportunity deserves to

be granted to the petitioner.

Accordingly, the petition is allowed partially and judgment

and conviction passed by both the court below is maintained and

seven days time granted by the learned Court of appeal vide

judgment dated 30.7.2022 in Criminal Appeal No. 29/2018 is

modified to the extent that the petitioner would furnish bail bonds

as directed by the learned Appellate Court within one month from

today and would deposit the cost of proceedings as ordered within

this period. He is given a month time to furnish and to deposit the

cost of the proceedings. He is in custody pursuant to the warrant

of arrest. He shall be released forthwith after compliance of the

order above.

Accordingly, the application for suspension of sentence and

revision petition are disposed of.

(FARJAND ALI),J 114-Arti/-

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