Rama vs State Of Rajasthan
2022 Latest Caselaw 12837 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
          S.B. Criminal Revision Petition No. 1141/2022

1.     Rama S/o Shri Roda Gameti, Aged About 28 Years, R/o
       Salera Kala, P.s. Dabok, Tehsil Mawali, District Udaipur
       (Rajasthan)      (Presently       Lodged        In       Jail    Central   Jail,
       Udaipur)
2.     Tulsi Ram S/o Shri Roda Gameti, Aged About 32 Years, R/
       o Salera Kala, P.s. Dabok, Tehsil Mawali, District Udaipur
       (Rajasthan)      (Presently       Lodged        In       Jail    Central   Jail,
       Udaipur)
                                                                        ----Petitioners
                                   Versus
State Of Rajasthan, Through Pp
                                                                       ----Respondent


For Petitioner(s)        :     Mr. Ram Singh Rawal
For Respondent(s)        :     Mr. M.S. Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

01/11/2022
     Admit.

     Issue notice. Learned Public Prosecutor is already appearing

on behalf of respondent -State. Hence, notice need not be issued.

     Heard learned counsel for the petitioner and the learned

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

No.376/2022.

     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


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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) filed

under Section 397(401) Cr.P.C. is allowed and it is ordered that

the sentence passed by the learned Judicial Magistrate, Mawali,

District Udaipur in Criminal Case No.274/2009 vide order dated

21.01.2015 as affirmed by the learned Additional Sessions Judge,

Mawali District Udaipur vide order dated 25.08.2022 in Criminal

Appeal CIS No.1542/2015 against the petitioners (1) Rama S/o

Shri Roda Gameti (2) Tulsi Ram S/o Shri Roda Gameti, shall

remain suspended till final disposal of the aforesaid revision and

they shall be released on bail, provided each of them 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

their appearance in this Court on 01.12.2022 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.

24-nirmala/-

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