Rajasthan High Court - Jodhpur
Kailashchandra vs State Of Rajasthan on 4 July, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 690/2022
Kailashchandra S/o Hira Lal, Aged About 57 Years, B/c Bafna, R/
o Nimbahera, District Chittorgarh (Raj.) (At Present Lodged At
District Jail, Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Manish Kumar Pitaliya
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/07/2022
Admit.
Call for the record.
Notice need not be issued as learned PP accepts notice on
behalf of respondent-State.
Heard learned counsel for the petitioner and learned PP on
application of suspension of sentence No.230/2022.
Counsel for the petitioner has shown from para-11 of the
impugned judgment that complete amount in dispute has been
deposited by the petitioner.
Counsel for the petitioner has submitted report of MRI Scan,
which suggests that the petitioner is suffering from Mild Cerebral
Atrophy.
Counsel for petitioner seeks suspension of sentence.
Ordinarily, this Court does not suspend sentence without
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calling for record but looking to acute medical condition of
petitioner as well as the fact that compromise between the parties
is recorded in para-11 of impugned judgment, this Court deems it
appropriate to suspend the sentence.
The result of compromise, however, shall be examined by the
Court at the time of final hearing.
Accordingly, the application for suspension of sentence under
Section 397/401 Cr.P.C. filed on behalf of accused petitioner is
allowed and it is ordered that the sentence passed by learned
Additional Chief Judicial Magistrate, Chhoti Sadri, District
Pratapgarh in Criminal Original Case No.446/2004 (68/02) vide
order dated 14.02.2014; as modified and affirmed by learned
Additional Sessions Judge & Special Judge, SC/ST (Prevention of
Atrocities Act Cases), Pratapgarh vide order dated 27.06.2022 in
Criminal Appeal No.69/2016 (11/2014) against petitioner
Kailashchandra S/o. Hira Lal, shall remain suspended till final
disposal of aforesaid revision and the petitioner shall be released
on bail provided the petitioner furnishes a personal bond in the
sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of learned trial judge for his appearance before the
Registrar (Judicial) of this Court on or before 16.08.2022 and
whenever ordered to do so, till the disposal of the present revision
on the conditions indicated below:-
1. That he/she/they will appear before the trial Court in
the month of January of every year till the revision is
decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing his/her/their
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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-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/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 applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
159-Sanjay/-
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