Rajasthan High Court - Jodhpur
Tausif vs State Of Rajasthan on 13 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-454/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 454/2022
Tausif S/o Sh. Mohammed Shahid Makrani, Aged About 25 Years,
Indira Colony, Sagwara Police Station, Sagwara, Dist. Dungarpur.
(Confined In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Naresh Aswani for
Mr. JVS Deora
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/05/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
State. Hence, notice need not be issued.
Call for the record.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.136/2022.
Learned counsel for the petitioner submits that the sentence
awarded to the petitioner is of two years. Learned counsel further
submits that the petitioner is in custody since about last 15 days.
I have considered the rival arguments advanced by the
parties and perused the judgments of the courts below.
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Looking to the facts and circumstances of the case and the
short sentence awarded by the learned trial court, this Court
deems it just and proper to suspend the sentence awarded to the
accused petitioner.
Accordingly, S.B. Suspension of Sentence (Revision)
No.136/2022 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 Sagwara, District Dungarpur in Criminal
Regular Case No.655/2017 vide order dated 05.02.2020 as
affirmed by the learned Additional Sessions Judge, Sagwara,
District Dungarpur vide order dated 29.04.2022 in Criminal Appeal
No.7/2020 against the petitioner Tausif S/o Shri Mohammed
Shahid Makrani, 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
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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.
143-Zeeshan
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