Rajasthan High Court - Jodhpur
Bhagwana Ram @ Bhagwaniya vs State Of Rajasthan on 6 July, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 748/2022
1. Bhagwana Ram @ Bhagwaniya S/o Agra Ram, Aged About
25 Years, B/c Oad R/o Kishangarh Jaisalmer Kotwali Ps
Jaisalmer Dist. Jaisalmer (Lodged In Central Jail Jodhpur)
2. Kalu Ram S/o Hazari Ram, Aged About 28 Years, B/c Oad
R/o Kishangarh Jaisalmer Kotwali Ps Jaisalmer Dist.
Jaisalmer (Lodged In Central Jail Jodhpur)
3. Lala Ram @ Palji Ram S/o Kishna Ram, Aged About 25
Years, B/c Oad R/o Kishangarh Jaisalmer Kotwali Ps
Jaisalmer Dist. Jaisalmer (Lodged In Central Jail Jodhpur)
----Petitioners
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Kan Singh Oad
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/07/2022
Admit.
Issue notice. Learned Public Prosecutor accepts notice on
behalf of the State. Hence, notice need not be issued.
Call for the record.
Heard learned counsel for the petitioners and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.241/2022.
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
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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.241/2022 filed under Section 397(1) Cr.P.C. is allowed and it
is ordered that the sentence passed by the learned Judicial
Magistrate, Jaisalmer in Cr. Regular Case No.601/2015 vide order
dated 17.03.2018 as affirmed by the learned Sessions Judge,
Jaisalmer vide order dated 01.07.2022 in Cr. Appeal No.19/2018
against the petitioners (1) Bhagwana Ram @ Bhagwaniya S/o
Agra Ram, (2) Kalu Ram S/o Hazari Ram and (3) Lala Ram
@ Palji Ram S/o Kishna Ram, 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 08.08.2022 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
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
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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.
(DR.PUSHPENDRA SINGH BHATI), J.
211-Zeeshan
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