Rajasthan High Court - Jodhpur
Ramesh vs State Of Rajasthan on 24 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 415/2022
1. Ramesh S/o Kukaram, Aged About 32 Years, B/c Regar,
R/o Tewalikallan, Currently R/o 9B/179, Bharat Nagar
Gandhidham (Guj.). (Presently Lodged In Dist. Jail Pali).
2. Kuka Ram S/o Dalla Ram, Aged About 32 Years, B/c
Regar, R/o Tewalikallan, Currently R/o 9B/179, Bharat
Nagar Gandhidham (Guj.). (Presently Lodged In Dist. Jail
Pali).
3. Smt. Kamla W/o Kukaram, Aged About 32 Years, B/c
Regar, R/o Tewalikallan, Currently R/o 9B/179, Bharat
Nagar Gandhidham (Guj.). (Presently Lodged In Central
Jail Jodhpur).
4. Smt. Sarda W/o Vijay, Aged About 32 Years, B/c Regar, R/
o Tewalikallan, Currently R/o 9B/179, Bharat Nagar
Gandhidham (Guj.). (Presently Lodged In Central Jail
Jodhpur).
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Anita Singariya W/o Ramesh, Aged About 25 Years, B/c
Regar, R/o Sarvodaya Nagar, Teh. Pali, Dist. Pali (Raj.).
----Respondents
For Petitioner(s) : Mr. Gopal Bose
For Respondent(s) : Mr. Anda Ram Choudhary, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/05/2022
Admit.
Issue notice to the respondent No.2 only, as the learned
Public Prosecutor already appearing on behalf of respondent No.1-
State.
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(2 of 3) [CRLR-415/2022]
Heard learned counsel for the petitioners and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.126/2022.
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
deems it just and proper to suspend the sentence awarded to the
accused petitioners.
Accordingly, S.B. Suspension of Sentence (Revision)
No.126/2022 filed under Section 397(1) Cr.P.C. is allowed and it
is ordered that the sentence passed by the learned Judicial
Magistrate, Pali in Criminal Case No.185/2014 vide order dated
09.02.2021 as affirmed by the learned Session Court, Pali, vide
order dated 20.04.2022 in Cr. Appeal No. 27/2021 against the
petitioners (1) Ramesh S/o Kukaram, (2) Kuka Ram S/o
Dalla Ram, (3) Smt. Kamla W/o Kukaram and (4) Smt.
Sarda W/o Vijay 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 28.06.2022 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
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(3 of 3) [CRLR-415/2022]
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.
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.
25-Zeeshan
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