Ganpat Singh vs State Of Rajasthan
2022 Latest Caselaw 7341 Raj

                                         (1 of 3)                  [CRLR-312/2022]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 312/2022

1.     Ganpat Singh S/o Sh. Dalpat Singh, Aged About 44 Years,
       Khejadiyali, P.s. Samdari, Dist. Barmer. (Presently Lodged
       At Sub Jail, Balotra Dist. Barmer).
2.     Jethu Singh S/o Sh. Madan Singh, Aged About 38 Years,
       Khejadiyali, P.s. Samdari, Dist. Barmer. (Presently Lodged
       At Sub Jail, Balotra Dist. Barmer).
                                                                  ----Petitioners
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Bhawani Singh
For Respondent(s)         :     Mr. Arun Kumar, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

17/05/2022


     Admit.

     Issue notice.

     Learned Public Prosecutor accepts notice on behalf of the

State. Hence, notice need not be issued.

     Heard learned counsel for the petitioners and the learned

Public Prosecutor on S.B. Suspension of Sentence (Revision)

No.90/2022.

     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, I consider it



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just and proper to suspend the sentence awarded to the accused

petitioners.

     Accordingly, S.B. Suspension of Sentence (Revision)

No.90/2022 filed under Section 397(1) Cr.P.C. is allowed and it is

ordered that the sentence passed by the learned Civil Judge &

Judicial Magistrate, Siwana, District Barmer in Criminal Original

Case No. 83/2002 CIS No.509/2014 vide order dated 11.08.2021

as affirmed by the learned Session Judge, Balotra, District Barmer

vide order dated 01.04.2022 in Cr. Appeal No. 81/2021 CIS

No.81/2021 against the petitioners (1) Ganpat Singh S/o Sh.

Dalpat Singh and (2) Jethu Singh S/o Sh. Madan Singh shall

remain suspended till final disposal of the aforesaid revision

petition and they shall be released on bail, provided each of them

executes a personal bond in a sum of Rs.50,000/- with two

sureties of Rs.25,000/- each to the satisfaction of the learned trial

Judge for their 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 they will appear before the trial Court in the

           month of January of every year till the revision is

           decided.

     2.    That if the petitioners changes the place of

           residence, they will give in writing their 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-petitioners in a separate file. Such file be registered

                                   as Criminal misc. Case related to original case in which the

                                   accused-petitioners were 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 petitioners do 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.

15-Zeeshan

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