Hament vs State Of Rajasthan
2022 Latest Caselaw 6660 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 300/2022

Hament S/o Harisingh Labana, Aged About 45 Years, R/o
Dungara    Chota,    Police     Thana        Sajjangarh,         Dist.   Banswara.
(Accused Lodged At Dist. Jail, Banswara)
                                                                     ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)         :     Mr. B.S. Merita for
                                Mr. Parikshit Nayak
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.85/2022.

     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.85/2022 filed under Section 397 & 401 Cr.P.C. is allowed and

it is ordered that the sentence passed by the learned Additional

Chief Judicial Magistrate, Kushalgarh, District Banswara in Regular

Criminal Case No.185/2011 vide order dated 22.03.2014 as

affirmed by the learned Additional Session Judge Camp Court

Kushalgarh, District Banswara vide order dated 22.03.2022 in

Criminal Appeal No.11/2014 (CIS No.378/2014) against the

petitioner   Hament         S/o       Harisingh          Labana,    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.




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                                        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.

128-Zeeshan

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