Rajasthan High Court - Jodhpur
Vinod Kumar vs State Of Rajasthan on 11 October, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1211/2022
Vinod Kumar S/o Bhawani Shankar Joshi, Aged About 55 Years,
Sabali, Teh. Bicchiwara, Dist. Dungarpur. (At Present Lodged In
Dist. Jail, Dungarpur).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Jalaj S/o Mahendra Dave, R/o Vill. Chikhali, Teh. Chikhali,
Dist. Dungarpur.
----Respondents
For Petitioner(s) : Mr. Love Jain
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/10/2022
Admit.
Issue notice to respondent no.2 only.
Call for the record.
Heard counsel for the petitioner on application seeking
suspension of sentence no.398/2022.
Counsel for the petitioner makes a statement at Bar that
except for the four cases in-question, there is no other case
whatsoever against the present petitioner and in all these four
cases, though, the petitioner is entitled for concurrent running of
sentence but such an application is yet to be moved.
Counsel for the petitioner submits that out of the two year's
simple imprisonment in each of the judgment, the petitioner has
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undergone custody of one year, which began from September,
2021.
Counsel for the petitioner further submits that hearing of
revision is likely to take a long time, thus, prayed to suspend the
sentence.
This Court takes note of para-7 of the judgment dated
18.08.2022 and while keeping into consideration custody of
more than one year, is inclined to suspend the sentence.
Accordingly, the application for suspension of sentence under
Section 397/401 Cr.P.C. filed on behalf of accused petitioner is
allowed and it is ordered that the sentence passed by learned
Additional Chief Judicial Magistrate, Dungarpur in Criminal Original
Case No.28/2015 (CIS No.28/15) vide order dated 29.09.2021; as
affirmed by learned Additional Sessions Judge, Dungarpur vide
order dated 18.08.2022 in Criminal Appeal No.64/2022 (CIS
No.64/2022) against petitioner Vinod Kumar S/o Bhawani
Shankar Joshi, shall remain suspended till final disposal of
aforesaid revision and the petitioner shall be released on bail
provided petitioner furnishes a personal bond in the sum of
Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of learned trial judge for his appearance before the
Registrar (Judicial) of this Court on or before 17.11.2022 and
whenever ordered to do so, till the disposal of the present revision
on the conditions indicated below:-
1. That he/she/they will appear before the trial Court in
the month of January of every year till the revision is
decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing his/her/their
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changed address to the trial Court as well as to the
counsel in the High Court.
3. Similarly, if the sureties change their address(s),
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(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/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 applicant(s) 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.
250-Sanjay/-
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