Citation : 2022 Latest Caselaw 9527 Raj
Judgement Date : 21 July, 2022
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 776/2022
Vinod Kumar S/o Chanduram, Aged About 40 Years, R/o Gudiya
Tehshil Nohar Dist. Hanumangarh. (At Present Lodged In Sub
Jail, Nohar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Anil Bidan Halu
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/07/2022
Admit.
Learned Public Prosecutor accepts notice on behalf of the
respondent-State. Hence, notice need not be issued.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.251/2022.
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
short sentence awarded by the learned trial court, this Court
deems it just and proper to suspend the sentence awarded to the
accused petitioner.
Accordingly, S.B. Suspension of Sentence (Revision)
No.251/2022 filed under Section 397 Cr.P.C. is allowed and it is
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ordered that the sentence passed by the learned Judicial
Magistrate, Nohar (Hanumangarh) in Criminal Case No.276/2013
vide order dated 15.07.2016 as affirmed by the learned Additional
District & Sessions Judge No.2, Nohar (Hanumangarh) vide order
dated 29.06.2022 in Criminal Appeal No.54/2016 (CIS
No.61/2016) against the petitioner Vinod Kumar S/o
Chanduram, 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 23.08.2022 and
whenever ordered to do so, till the disposal of the revision on the
conditions indicated below:-
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
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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.
191-Zeeshan
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