Kaluram vs State Of Rajasthan
2022 Latest Caselaw 8301 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 461/2022

Kaluram S/o Shri Pyar Chand Suthar, Aged About 47 Years, R/o
Arniyapanth, Ps - Sambhupura, District Chittorgarh, Rajasthan.
(Presently Lodged In Central Jail, Ajmer)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Shubham Soni
For Respondent(s)        :     Mr. Laxman Solanki, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

27/06/2022
1.   Admit.

2.   The application filed under Section 5 of the Limitation Act is

allowed and delay in filing the revision petition is condoned.

3.   Heard learned counsel for the parties on                   Suspension of

sentence Application (Revision) No.140/2022.

4.   As per the certificate shown by the learned counsel for the

petitioner, the petitioner is in judicial custody since 12.04.2022.

5.   Learned P.P. opposed the suspension of sentence application.

6.   Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced at the Bar, this

Court is of the opinion that the bail application for suspension of

sentence filed by the petitioner deserves to be accepted.

7.   Accordingly, the Suspension of sentence Application

No.140/2022 is allowed. It is ordered that the sentence passed


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by learned Civil Judge & Judicial Magistrate, Chittorgarh dated

25.10.2016 in Regular Criminal Case No.179/2014 (2113/2014)

affirmed   by   the    learned        Additional         Sessions        Judge,   No.2

Chittorgarh in Criminal Appeal No.121/2016 vide judgment dated

17.10.2019 against the petitioner Kaluram S/o Shri Pyar

Chand Suthar shall be released on bail, provided he furnishes a

personal bond in the sum of Rs.50,000/- with two sureties of

Rs.25,000/- each to the satisfaction of learned trial judge for his

appearance before the Registrar (Judicial) of this Court on or

before 27.07.2022 and whenever ordered to do so, till the

disposal of the present revision on the conditions indicated

below:-

           1. That he/she/they will appear before the trial
           Court in the month of January of every year till the
           appeal is decided.
           2. That if the applicant(s) changes the place of
           residence,      he/she/they            will     give     in     writing
           his/her/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(s),
           they will give in writing their changed address to
           the trial Court.


8.         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



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                                   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.

86-Sudheer/-

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