Rajasthan High Court - Jodhpur
Mangunath vs State Of Rajasthan on 5 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-284/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 284/2022
Mangunath S/o Bherunath, Aged About 75 Years, R/o Satola,
Police Station Kotdi, District Bhilwara (Rajasthan)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vishan Das Vaishnav
For Respondent(s) : Mr. M.S. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
05/05/2022
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
respondent-State. Hence, notice need not be issued.
Call for the record.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Revision) No.72/2022.
Learned counsel for the petitioner furnished a certified copy
of order-sheet dated 30.04.2022 passed by the learned trial court,
in which, the petitioner having surrendering himself was recorded
and also the factum of petitioner being 82 years on record.
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(2 of 3) [CRLR-284/2022]
Learned Public Prosecutor opposes the suspension of
sentence application.
I have considered the rival arguments advanced by the
parties and perused the judgments of the courts below.
Ordinarily, this Court would not have suspended the sentence
until the record is received but looking into the age of the
petitioner, is inclined to suspend the sentence awarded to the
present petitioner.
Accordingly, S.B. Suspension of Sentence (Revision)
No.72/2022 filed under Section 397 & 401 Cr.P.C. is allowed and
it is ordered that the sentence passed by the learned Judicial
Magistrate Kotdi in Original Criminal Case No.196/2003 vide order
dated 20.10.2015 as affirmed by the learned Additional Sessions
Judge (Women Atrocities) Bhilwara vide order dated 10.03.2022 in
Criminal Appeal No.83/2015 against the petitioner Mangunath S/
o Bherunath, 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 27.06.2022 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
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(3 of 3) [CRLR-284/2022]
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.
35-Zeeshan
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