Poonam Chand vs State Of Rajasthan
2022 Latest Caselaw 8162 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 598/2022

Poonam Chand S/o Kishna Ram, Aged About 50 Years, R/o Vill. Bhawaar Ps Sedwa Dist. Barmer (Presently Lodged In Dist. Jail Barmer)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Salu Ram S/o Manshri Ram, Aged About 55 Years, R/o Vill. Ranasar Kalla Ps Dhoriminna Barmer

----Respondents

For Petitioner(s) : Mr. Siddharth Karwasara For Respondent(s) : Mr. S.S. Rajpurohit, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR (VACATION JUDGE)

Judgment / Order

14/06/2022

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 petitioner and the learned

Public Prosecutor on S.B. Criminal Suspension of Sentence

Application No.183/2022.

This Court after considering rival arguments advanced by the

parties and after perusing 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

(2 of 3) [CRLR-598/2022]

proper to suspend the sentence awarded to the accused petitioner.

Accordingly, S.B. Criminal Suspension of Sentence

Application No.183/2022 filed under Section 397/401 Cr.P.C. is

allowed and it is ordered that the sentence passed by the learned

Judicial Magistrate, Barmer in Cr.Case No.475/2003 vide order

dated 03.06.2015 as affirmed by the learned Special Judge, SC/ST

(Prevention of Atrocity), Barmer vide order dated 30.05.2022 in

Cr. Appeal No.17/17 against the petitioner Poonam Chand S/o

Kishna Ram 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.40,000/- with two

sureties of Rs.20,000/- each to the satisfaction of the learned trial

Judge for his appearance in this court on 13.07.2022 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.

(3 of 3) [CRLR-598/2022]

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.

(KULDEEP MATHUR ) VJ 145-Taruna/-

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