Rajasthan High Court - Jodhpur
Samudra Nath vs State Of Rajasthan on 14 November, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1259/2022
Samudra Nath S/o Bhura Nath, Aged About 45 Years, R/o Natho
Ka Kheda, P.s. Hamirgarh, Distt. Bhilwara. (Lodged In Distt. Jail,
Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Revision Petition No. 1261/2022
Samudra Nath S/o Bhuranath, Aged About 45 Years, Natho Ka
Kheda, P.s. Hamirgarh, Dist. Bhilwara. (Lodged In Dist. Jail,
Bhilwara).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. N.K. Gurjar.
For Respondent(s) : Mr. Arun Kumar, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
14/11/2022
In S.B. Criminal Revision Petition No. 1259/2022:-
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent -State. Hence, notice need not be issued.
Heard learned counsel for the applicant-petitioner and the
learned Public Prosecutor on S.B. Criminal Application for
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Suspension of Sentence (Revision) No.412/2022.
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
deems it just and proper to suspend the sentence awarded to the
accused applicant-petitioner .
Accordingly, S.B. Suspension of Sentence (Revision)
Application No.412/2022 filed under Section 397(1) Cr.P.C. is
allowed and it is ordered that the sentence passed by the learned
Judicial Magistrate (East), Bhilwara in Regular Criminal Case
No.115/2007 vide order dated 23.09.2015 as affirmed by the
learned Special Judge, SC/ST Cases, District Bhilwara vide order
dated 29.09.2022 in Criminal Appeal No.56/2020 (49/2020)
against the applicant-petitioner Samudra Nath S/o Bhura Nath
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 19.12.2022 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 applicant-petitioner changes the place
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of residence, he will give in writing his 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-applicant-petitioner in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused-applicant-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-applicant-petitioner does not
appear before the trial court, the learned trial Judge shall report
the matter to the High Court for cancellation of bail.
In S.B. Criminal Revision Petition No. 1261/2022:-
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent -State. Hence, notice need not be issued.
Heard learned counsel for the applicant-petitioner and the
learned Public Prosecutor on S.B. Criminal Application for
Suspension of Sentence (Revision) No.413/2022.
Learned Public Prosecutor opposes the suspension of
sentence application.
I have considered the rival arguments advanced by the
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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 applicant-petitioner .
Accordingly, S.B. Suspension of Sentence (Revision)
Application No.413/2022 filed under Section 397(1) Cr.P.C. is
allowed and it is ordered that the sentence passed by the learned
Judicial Magistrate (East), Bhilwara in Regular Criminal Case
No.114/2007 vide order dated 23.09.2015 as affirmed by the
learned Special Judge, SC/ST Cases, District Bhilwara vide order
dated 29.09.2022 in Criminal Appeal No.54/2020 (50/2020)
against the applicant-petitioner Samudra Nath S/o Bhura Nath
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 19.12.2022 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 applicant-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.
3. Similarly, if the sureties change their address,
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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-applicant-petitioner in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused-applicant-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-applicant-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.
19-20-Jitender//-
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