Kishan vs State Of Rajasthan
2022 Latest Caselaw 9875 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 774/2022

Kishan S/o Shri Hansaji, Aged About 29 Years, R/o Rampura Ps
Sirohi Tehsil And Distt. Sirohi Raj. (Presently Lodged In Distt. Jail
Sirohi)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Shambhoo Singh
For Respondent(s)        :     Mr. Arun Kumar, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

27/07/2022
     Admit.

     Learned Public Prosecutor accepts notice on behalf of the

respondent-State. Hence, notice need not be issued.

     Heard learned counsel for the petitioners and the learned

Public Prosecutor on S.B. Suspension of Sentence (Revision)

No.250/2022.

     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-petitioners.

     Accordingly, S.B. Suspension of Sentence (Revision)

No.250/2022 filed under Section 397 Cr.P.C. is allowed and it is


                    (Downloaded on 28/07/2022 at 09:02:10 PM)
                                           (2 of 3)                 [CRLR-774/2022]


ordered that the sentence passed by the learned Additional Chief

Judicial   Magistrate,      Sheoganj          in     Criminal     Regular   Case

No.499/2012 vide order dated 04.09.2019 as affirmed by the

learned Special Judge, SC/ST (Prevention of Atrocities Cases),

Sirohi vide order dated 05.07.2022 in Criminal Appeal No.14/2020

(CIS No.61/2019) against the petitioners Kishan S/o Shri

Hansaji, 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 29.08.2022 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

be placed in that file for ready reference. Criminal Misc. file shall

                      (Downloaded on 28/07/2022 at 09:02:10 PM)
                                                                                (3 of 3)                [CRLR-774/2022]


                                   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.

16-Zeeshan

Powered by TCPDF (www.tcpdf.org)