Rajasthan High Court - Jodhpur
Fuliya @ Foolchand vs State Of Rajasthan on 26 May, 2022
Bench: Pushpendra Singh Judge)
(1 of 3) [CRLR-427/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 427/2022
1. Fuliya @ Foolchand S/o Dhariya Kanjar, Aged About 63
Years, Kanjar Colony Pander, P.s. Pander, Dist. Bhilwara.
2. Narayan S/o Kalya Kanjar, Aged About 51 Years, Kanjar
Colony Pander, P.s. Pander, Dist. Bhilwara.
3. Raghuveer Singh S/o Dolat Singh Rajput, Aged About 45
Years, H.no. 369, Jaswant Nagar Khatipura, P.s. Vaishali
Nagar Jaipur City, Dist. Jaipur.
----Petitioners
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Ms. Shobha Prabhakar
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/05/2022
Admit.
Issue notice.
Heard learned counsel for the petitioners and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.127/2022.
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
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deems it just and proper to suspend the sentence awarded to the
accused petitioners.
Accordingly, S.B. Suspension of Sentence (Revision)
No.127/2022 filed under Section 397(1) Cr.P.C. is allowed and it
is ordered that the sentence passed by the learned Additional
Chief Judicial Magistrate, Jahajpur, District Bhilwara in Criminal
Regular Case No.415/2012 (718/2004) vide order dated
17.05.2014 as affirmed by the learned Additional Sessions Judge,
Shahpura, District Bhilwara vide order dated 28.04.2022 in
Criminal Appeal No.13/2014 (CIS No.72/2014) against the
petitioners (1) Fuliya @ Foolchand S/o Dhariya Kanjar, (2)
Narayan S/o Kalya Kanjar and (3) Raghuveer Singh S/o
Dolat Singh Rajput, 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 29.06.2022 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.
130-Zeeshan
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