Rajasthan High Court - Jodhpur
Chirag Sharma vs State Of Rajasthan on 9 March, 2022
Bench: Pushpendra Singh Bhati
(1 of 4) [CRLR-207/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 207/2022
Suraj @ Champa Lal S/o Manu, Aged About 28 Years, B/c
Garasiya, R/o Gamaniya Hamira, Police Station Sallopat, At
Present Shastrinagar, Housing Board, Banswara, District
Banswara. (Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Revision Petition No. 208/2022
Mahendra S/o Devi Lal, Aged About 30 Years, B/c Banjara, R/o
Behind Akashwani, Banswara, Police Station Kotwali, Banswara,
District Banswara. (Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Revision Petition No. 209/2022
Chirag Sharma S/o Murlidhar Sharma, Aged About 36 Years, B/c
Brahmin, R/o Bhagacot Kalyan Colony, Banswara, Police Station
Kotwali, Banswara, District Banswara. (Lodged In Central Jail
Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Revision Petition No. 210/2022
Monu @ Mohan Lal S/o Nathu Lal, Aged About 30 Years, B/c
Ninama, R/o Bahubali Colony, Banswara, Police Station Kotwali,
Banswara, District Banswara. (Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhawani Singh Mertia
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
(2 of 4) [CRLR-207/2022]
Order
09/03/2022
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.
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
State. Hence, notice need not be issued.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.40/2022, 41/2022, 42/2022 & 43/2022.
Learned counsel for the petitioners submits that in similar
case in criminal revision petition no.908/2021, the record has
already been received. It is also contended that sentence of co-
accused has already been suspended in that matter.
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, I consider it just and proper to
suspend the sentence awarded to the accused petitioners.
Accordingly, S.B. Suspension of Sentence (Revision)
No.40/2022, 41/2022, 42/2022 & 43/2022 filed under
Section 397/401 Cr.P.C. are allowed and it is ordered that the
sentence passed by the learned Additional chief Judicial
(3 of 4) [CRLR-207/2022]
Magistrate, Banswara in Cr.Case No.03/2015 vide order dated
18.07.2017 as affirmed by the learned Sessions Judge, Banswara
vide order dated 23.09.2021 in Cr. Appeal No.55/2017
(Suspension of Sentence No.40/2022); the sentence passed
by the learned Additional chief Judicial Magistrate, Banswara in
Cr.Case No.03/2015 vide order dated 18.07.2017 as affirmed by
the learned Sessions Judge, Banswara vide order dated
23.09.2021 in Cr. Appeal No.40/2017 (Suspension of Sentence
No.41/2022); the sentence passed by the learned Additional
chief Judicial Magistrate, Banswara in Cr.Case No.03/2015 vide
order dated 18.07.2017 as affirmed by the learned Sessions
Judge, Banswara vide order dated 23.09.2021 in Cr. Appeal
No.41/2017 (Suspension of Sentence No.42/2022) and the
sentence passed by the learned Additional chief Judicial
Magistrate, Banswara in Cr.Case No.03/2015 vide order dated
18.07.2017 as affirmed by the learned Sessions Judge, Banswara
vide order dated 23.09.2021 in Cr. Appeal No.43/2017
(Suspension of Sentence No.43/2022) against the petitioners
(1) Suraj @ Champa Lal S/o Manu, (2) Mahendra S/o Devi
Lal, (3) Chirag Sharma S/o Murlidhar Sharma, and (4)
Monu @ Mohan Lal S/o Nathu Lal shall remain suspended till
final disposal of the aforesaid revisions and they shall be released
on bail, provided they execute 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 their appearance in this
court on 11.04.2022 and whenever ordered to do so, till the
disposal of the revision on the conditions indicated below:-
(4 of 4) [CRLR-207/2022]
1. That they will appear before the trial Court in the
month of January of every year till the revision is
decided.
2. That if the petitioners change the place of
residence, they 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
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
124-127-Sudheer/-
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