Gokul Ram vs State Of Rajasthan
2022 Latest Caselaw 6659 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 338/2022

Gokul Ram S/o Sh. Bhomaji, Aged About 35 Years, R/o
Sanwada, P.s. Ahore, Teh. Ahore, Dist. Jalore (Raj.). (Presently
Lodged In Dist. Jail, Sirohi).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Bharat 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.99/2022.

     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.99/2022 filed under Section 397 & 401 Cr.P.C. is allowed and

it is ordered that the sentence passed by the learned Judicial

Magistrate, Sirohi in Criminal Regular Case No.865/2013 (CIS

No.1993/2014) vide order dated 14.12.2021 as affirmed by the

learned Sessions Judge, Sirohi vide order dated 01.04.2022 in

Criminal Appeal No.38/2021 against the petitioner Gokul Ram

S/o Shri Bhomaji, 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

           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.

131-Zeeshan

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