Radheshyam vs State Of Rajasthan
2022 Latest Caselaw 3355 Raj

                                        (1 of 2)                [CRLR-187/2022]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
          S.B. Criminal Revision Petition No. 187/2022
     S.B. Criminal Misc. Application for Suspension of Sentence
                            No.33/2022

Radheshyam S/o Tikam Chand, Aged About 59 Years, B/c
Kumawat, R/o 48, Tilak Nagar, Pali Through Firm M/s. R.m.s.
Food Plaza, National Highway-14, Sumerpur Road, Pali (Raj.).
(Presently Lodged At Dist. Jail, Pali).
                                                ----Petitioner
                              Versus
State Of Rajasthan, Through Pp
                                              ----Respondent


For Petitioner(s)        :     Mr. Dhirendra Singh, Sr. Advocate a/w
                               Mr. Mahaveer Singh
For Respondent(s)        :     Mr. Gaurav Singh, PP


     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
                                    Order
04/03/2022
1.    In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

2.    Admit.

3.    Call for the record.

4.    Heard counsel for the parties.

5.    Counsel for the petitioner submits that the sentence awarded

is short one i.e. six months' rigorous imprisonment, thus, prayed

that extend benefit of suspension of sentence to the accused.

6.    Learned PP opposed the application in general.

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

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




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                                                                              (2 of 2)                [CRLR-187/2022]


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

                                   sentence filed by the petitioner deserves to be accepted.

                                   8.    Accordingly, this Suspension of sentence Application

                                   No.33/2022 is allowed. It is ordered that the sentence passed

                                   by   learned     Additional    Chief      Judicial      Magistrate,   Pali   dated

                                   07.03.2018 in Criminal Original Complaint Case No.1404/2014

                                   affirmed and reduced by the learned                     Sessions Judge, Pali in

                                   Criminal Appeal No.50/2018 vide judgment dated 24.02.2022

                                   against the petitioner Radheshyam S/o Tikam Chand 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 12.04.2022 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.


                                   9.           In case the said accused applicant(s) 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.

145-nirmala/Sanjay

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