Rajasthan High Court - Jodhpur
Kishan vs State on 7 January, 2022
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 994/2021
Kishan S/o Bhagwan Ji, Aged About 45 Years, B/c Yadav, R/o
Borekhera, Pipalkhunt Police Station, Pipalkhunt, Dist.
Pratapgarh. (Confined In Central Jail, Udaipur).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Ankit Choudhary
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
07/01/2022
Heard learned counsel for the petitioner as well as learned
Public Prosecutor.
Admit. Issue notice. Call for the record.
Learned Public Prosecutor accepts notices on behalf of the
respondent-State.
Heard learned counsel for the parties on the application
seeking suspension of sentence.
Learned counsel for the petitioner stated that the accused-
petitioner has been convicted and sentenced for the offences
punishable under Section 337, 279 and 304A of the IPC, but he
was granted benefit of bail not only by the learned trial court, but
also by the appellate court and that the hearing of the present
revision petition will take its own time, therefore, the sentences
awarded to the accused-petitioner may be suspended.
(2 of 3) [CRLR-994/2021]
Per contra, learned Public Prosecutor has opposed the prayer
for suspending the sentences awarded to the accused-petitioner.
Learned Public Prosecutor does not wish to file reply to the
application.
Having regard to the facts and circumstances of the case,
particularly the hearing of the revision petition will take time, this
Court is of the opinion that the application for suspension of
sentence deserves to be allowed.
Accordingly, the application for suspension of sentence filed
under Section 397(1) of Cr.P.C. is allowed and it is ordered that
the sentence passed by the learned Addl. Chief Judicial Magistrate,
Ghatol, District Banswara in Cr. Regular Case No.869/2003 vide
judgment dated 31.7.2015, as affirmed by the learned Sessions
Judge, Banswara in Cr. Appeal No.38/2015 vide judgment dated
23.9.2021 against applicant-petitioner Kishan S/o Bhagwan Ji,
shall remain suspended till final disposal of the aforesaid revision
and he shall be released on bail upon his furnishing 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 7.2.2022 and whenever ordered to do
so, till disposal of the revision on the conditions indicated below:-
1. That he will appear before the trial Court in the month
of January every year till the revision is decided.
2. That if the applicant 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(s), 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-appellant in a separate file. Such file be registered as
(3 of 3) [CRLR-994/2021]
criminal misc. case related to original case in which the accused-
applicant 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 purposes relating to
pendency and disposal of cases in the trial Court. In case the
accused applicant fail to appear before the trial Court, the learned
trial Judge shall report the matter to the High Court for
cancellation of bail.
(MADAN GOPAL VYAS),J
51-CPGoyal/-
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