Rajasthan High Court - Jodhpur
Mahendra Kumar vs State Of Rajasthan on 29 March, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-226/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 226/2022
Mahendra Kumar S/o Sh. Pratap Ram Ji, Aged About 32 Years,
B/c Regar, R/o Regar Mohalla, Swroopganj Teh. Pindwada, Dist.
Sirohi. (Petitioner Is Lodge In Central Jail, Jodhpur Since 12-01-
2021).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Dashrath Kumar S/o Sh. Mohan Lal Ji, Aged About 32
Years, B/c Vaisnav R/o Near Bala Ji Bhawan, Swroop
Ganj, Teh. Pindwada, Dist. Sirohi.
----Respondents
For Petitioner(s) : Mr. R.P. Singaria
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
29/03/2022
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. Thus, notice be issued to respondent no.2 only.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.52/2022.
(Downloaded on 30/03/2022 at 08:40:31 PM)
(2 of 3) [CRLR-226/2022]
Learned counsel for the petitioner makes a statement at Bar
that the petitioner is in custody since 12.01.2021. It is also
contended that out of total custody period of two years, the
petitioner has already completed custody of one year and two
months.
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.52/2022 filed under Section 397(1) Cr.P.C. is allowed and it is
ordered that the sentence passed by the learned Judicial
Magistrate, Pindwara, Sirohi in Cr.Case No.40/2018 vide order
dated 19.02.2020 as affirmed by the learned Additional Sessions
Judge, Pindwara, Sirohi vide order dated 09.02.2022 in Cr. Appeal
No.26/2020 against the petitioner Mahendra Kumar S/o Sh.
Pratap Ram Ji, 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 10.05.2022 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.
(Downloaded on 30/03/2022 at 08:40:31 PM)
(3 of 3) [CRLR-226/2022]
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.
175-Sudheer/-
Powered by TCPDF (www.tcpdf.org)
