Rajasthan High Court - Jodhpur
Mohan Lal @ Monu vs State Of Rajasthan on 9 March, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-205/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 205/2022
Suraj @ Champa Lal S/o Manu, Aged About 28 Years, Bc/
Garasiya, R/o Gamaniya Hamira, P.s. Sallopat, At Present
Shastrinagar, Housing Board, Banswara, Dist. Banswara. (Lodged
In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Revision Petition No. 206/2022
Mohan Lal @ Monu S/o Nathu Lal, Aged About 30 Years, B/c
Ninama, R/o Bahubali Colony, P.s. Kotwali, Banswara, Dist.
Banswara. (Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhawani Singh
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
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.
(2 of 3) [CRLR-205/2022]
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 (Revisions)
No.38/2022 & 39/2022.
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 petitioner.
Accordingly, S.B. Suspension of Sentence (Revision)
No.38/2022 & 39/2022 filed under Section 397/401 Cr.P.C. are
allowed and it is ordered that the sentence passed by the learned
Additional Chief Judicial Magistrate, Banswara in Cr.Case
No.02/2015 vide order dated 10.02.2017 as affirmed by the
learned Sessions Judge, Banswara vide order dated 23.09.2021 in
Cr. Appeal No.14/2017 in Suspension of Sentence
No.38/2022) and sentence passed by the learned Additional
Chief Judicial Magistrate, Banswara in Cr.Case No.01/2015 vide
order dated 06.06.2018 as affirmed by the learned Sessions
Judge, Banswara vide order dated 24.09.2021 in Cr. Appeal
No.38/2018 (Suspension of Sentence No.39/2022) against
the petitioners (1) Suraj @ Champa Lal S/o Manu & (2)
(3 of 3) [CRLR-205/2022]
Mohan Lal @ Monu 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:-
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.
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
122-123-Sudheer/-
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