Rajasthan High Court - Jodhpur
Rajesh vs State Of Rajasthan on 11 July, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-781/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 781/2022
1. Mohan Lal S/o Bhanwar Lal, Aged About 45 Years, B/c
Khatik, R/o Nathdwara, Presently R/o Mahuwa, District
Surat (Gujarat)
2. Smt. Nani W/o Mohan Lal, Aged About 42 Years, B/c
Khatik, R/o Nathdwara, Presently R/o Mahuwa, District
Surat (Gujarat)
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Rekha W/o Rajesh, R/o Nearby Maru Darwaja,
Nearby Hathai, Amet, Tehsil Amet, District Rajsamand.
----Respondents
Connected With
S.B. Criminal Revision Petition No. 644/2022
Rajesh S/o Mohan Lal, Aged About 26 Years, Nathdwara,
Presently R/o Mahuwa, Dist. Surat (Guj.). (Confined In Central
Jail, Udaipur).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Rekha W/o Rajesh, Nearby Maru Darwaja, Nearby
Hathai, Amet, Teh. Amet, Dist. Rajsamand.
----Respondents
For Petitioner(s) : Mr. JVS Deora
For Respondent(s) : Mr. SS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment / Order
11/07/2022
In S.B. Criminal Revision Petition No. 781/2022:-
List on 14.07.2022, as prayed.
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(2 of 3) [CRLR-781/2022]
In S.B. Criminal Revision Petition No. 644/2022:-
Admit.
Issue notice to the respondent No.2 only, as the learned
Public Prosecutor accepts notice on behalf of respondent No.1-
State.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.206/2022.
Learned Public Prosecutor opposes the suspension of
sentence application.
Upon a consideration of the arguments advanced on behalf
of the petitioner and having regard to the facts and circumstances
of the case, this Court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused-petitioner.
Accordingly, S.B. Suspension of Sentence (Revision)
No.206/2022 filed under Section 397/401 Cr.P.C. is allowed and
it is ordered that the sentence passed by the learned Judicial
Magistrate, Amet in Regular Criminal Case No.69/2009 vide order
dated 21.12.2012 as affirmed by the learned Special Judge, SC/ST
Act Cases, Rajsamand vide order dated 04.06.2022 in Criminal
Appeal No.15/2021 against the petitioner Rajesh S/o Mohan
Lal, shall remain suspended till final disposal of the aforesaid
revision and he shall be released on bail, provided he executes 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 16.08.2022 and whenever
ordered to do so, till the disposal of the revision on the conditions
indicated below:-
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(3 of 3) [CRLR-781/2022]
1. That he will appear before the trial Court in the
month of January of every year till the revision is
decided.
2. That if the petitioner 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,
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-petitioner in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
petitioner 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 purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused-petitioner 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.
167-Sudheer/-
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