Ratanlal vs State Of Rajasthan
2022 Latest Caselaw 7449 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 504/2021

Ratanlal S/o Bharulal, Aged About 75 Years, B/c Jain, R/o Palsoda, Dist. Ratalam (M.p.) (Lodged At Dist. Jail, Banswara)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Parikshit Nayak For Respondent(s) : Mr. Mahipal Bishnoi, PP

JUSTICE DINESH MEHTA

Order

18/05/2022

1. The present petition has been filed against the judgment

dated 17.07.2021, passed by the learned Sessions Judge,

Banswara in Criminal Appeal No.416/2014 affirming the judgment

and order dated 16.12.2013 passed by the Gram Nyayalaya,

Talwara, Banswara in Criminal Case No.468/2011, whereby the

petitioner was convicted and sentenced for the offence under

Sections 132/187 and 134/187 of the Motor Vehicles Act.

2. Heard.

3. The petition is admitted and be listed for hearing in due

course.

3. Having heard learned counsel for the parties on stay

application, upon perusal of the record and considering that the

petitioner has reached the age of 75 years and that he has already

served about 9 months' sentence out of the total sentence of 2

years, the application for suspension of sentence is allowed.

(2 of 2) [CRLW-504/2021]

3. The sentence awarded by the Gram Nyayalaya, Talwara,

Banswara vide judgment and order dated 16.12.2013 in Criminal

Case No.468/2011 is suspended, and the petitioner Ratanlal S/o

Bharulal is ordered to be released on bail, provided he executes a

personal bond of Rs.50,000/- along with two sureties of

Rs.25,000/- each to the satisfaction of the trial Court for his

appearance before this Court on 04.07.2022 and whenever called

upon to do so, till the disposal of the writ petition on the

conditions indicated below:-

(i) That he will appear before the trial Court in the month of January of every year till the writ petition is decided.

(ii) 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.

(iii) Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

4. 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.

(DINESH MEHTA),J 31-skm/-

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