Rajasthan High Court - Jodhpur
Nepal Singh Rathore vs State Of Rajasthan on 30 June, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-664/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 664/2022
Nepal Singh Rathore S/o Shri Jabbar Singh, Aged About 38
Years, B/c Rajput R/o Vpo Baithwasiya Panditji Ki Dhani Tehsil
Osian Dist. Jodhpur (At Present Lodged In Central Jail Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Hardik Rathore S/o Shri Mohan Singh Rathore, B/c Rajput
R/o 503 New Bjc Colony Jodhpur
----Respondents
For Petitioner(s) : ----
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
30/06/2022
Admit.
Issue notice to the respondent No.2 only, as the learned
Public Prosecutor accepts notice on behalf of respondent No.1-
State.
Call for the record.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.216/2022.
It was mentioned by Mr. Kailash Khileri, learned counsel for
the petitioner yesterday that in the present case the total
sentence is of one year whereas the sentence already undergone
is about eleven months.
Learned Public Prosecutor was directed to file the custody
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certificate, which has been filed and it reflects that as on today the
petitioner has completed the custody of 10 months and 28 days.
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.216/2022 filed under Section 397(1) Cr.P.C. is allowed and it
is ordered that the sentence passed by the learned Special Judicial
Magistrate (N.I. Act Cases) No.5, Jodhpur Metropolitan, in
Criminal Case No.271/2016 vide order dated 21.09.2019 as
affirmed by the learned Additional Sessions Judge No.4, Jodhpur
Metropolitan vide order dated 04.02.2021 in Criminal Appeal
No.582/2019 against the petitioner Nepal Singh Rathore S/o
Shri Jabbar Singh, 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 28.07.2022 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
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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.
The report furnished by learned Public Prosecutor is taken on
record.
(DR.PUSHPENDRA SINGH BHATI), J.
2-/Jitender/Nirmala/Suraj/-
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