Uday Lal vs State Of Rajasthan
2022 Latest Caselaw 13396 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1316/2022

Uday Lal S/o Sh. Mohan, Aged About 52 Years, Veer Dholiya, P.s. Ghasa, Teh. Mawli, Dist. Udaipur. (Presently In Central Jail, Udaipur).

                                                                      ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)          :     Mr. OP Sangwa
For Respondent(s)          :     Mr. Abhishek Purohit, Additional GA

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

15/11/2022 Admit.

Issue notice. Learned Public Prosecutor accepts notice on

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

Heard learned counsel for the petitioner and the learned

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

No.430/2022.

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 petitioner.

(2 of 3) [CRLR-1316/2022]

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 Additional Chief Judicial

Magistrate, Mawli, District Udaipur in Criminal Regular Criminal

Case No.131/2016 (CIS No.57/16) vide order dated 12.03.2020

as affirmed by the learned Additional Sessions Judge, Mawli,

District Udaipur vide order dated 20.10.2022 in Criminal Appeal

CIS No.164/2020 against the petitioner - Uday Lal S/o Sh.

Mohan 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 16.12.2022 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 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, 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

(3 of 3) [CRLR-1316/2022]

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 34-nirmala/-

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