Rajasthan High Court - Jodhpur
Yogesh Kumar vs Gordhanram on 20 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-485/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 485/2022
Yogesh Kumar S/o Sh. Hukamchand Purohit, Aged About 40
Years, Chainpura Mohalla, Teh. And Dist. Jaisalmer (Raj.).
(Presently Lodged In Dist. Jail, Jaisalmer).
----Petitioner
Versus
1. Gordhanram S/o Sh. Kesraram, B/c Mali, R/o Village
Amarsagar, Dist. Jaisalmer (Raj.).
2. State, Through Pp
----Respondents
For Petitioner(s) : Mr. Dilip Kumar Sharma
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/05/2022
Admit.
Issue notice to the respondent No.1 only, as the learned
Public Prosecutor accepts notice on behalf of respondent No.2-
State.
Call for the record.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.144/2022
Learned counsel for the petitioner submits that the petitioner
is in custody since last one month, which is also reflected in the
certificate submitted by the learned counsel for the petitioner.
Learned counsel further submits that the matter involves
Rs.8,000/- cheque for which, two months imprisonment has been
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awarded.
Learned Public Prosecutor opposes the suspension of
sentence application.
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
deems it just and proper to suspend the sentence awarded to the
accused petitioner.
Accordingly, S.B. Suspension of Sentence (Revision)
No.144/2022 filed under Section 397(1) Cr.P.C. is allowed and it
is ordered that the sentence passed by the learned Judicial
Magistrate, Jaisalmer in Regular Criminal Case No.481/2013
(1064/2014) vide order dated 12.12.2019 as affirmed by the
learned Sessions Judge, Jaisalmer vide order dated 22.04.2022 in
Criminal Appeal No.01/2020 against the petitioner Yogesh
Kumar S/o Sh. Hukamchand Purohit, 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 28.06.2022 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
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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
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.
16-Zeeshan
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