Rajasthan High Court - Jodhpur
Anadu vs State on 6 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 334/2022
Smt. Anadu W/o Sh. Daraja Ram Kalabi, Aged About 45 Years,
R/o Village Harani Amarapura, P.s. Reodar, Dist. Sirohi (Raj.).
(Presently Lodged In Dist. Jail, Sirohi).
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/05/2022
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.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Revision) No.97/2022.
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, this Court
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deems it just and proper to suspend the sentence awarded to the
accused petitioner.
Accordingly, S.B. Suspension of Sentence (Revision)
No.97/2022 filed under Section 397 & 401 Cr.P.C. is allowed and
it is ordered that the sentence passed by the learned Judicial
Magistrate, Reodar (Sirohi) in Criminal Regular Case No.140/2008
vide order dated 12.03.2018 as affirmed by the learned Sessions
Judge, Sirohi vide order dated 11.04.2022 in Criminal Appeal
No.15/2018 against the petitioner Smt. Anadu W/o Shri Daraja
Ram Kalabi, shall remain suspended till final disposal of the
aforesaid revision and she shall be released on bail, provided she
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 her 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 she 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, she will give in writing her 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
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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.
130-Zeeshan
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