Rajasthan High Court - Jodhpur
Naresh Kumar vs State Of Rajasthan on 14 October, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1147/2022
Naresh Kumar S/o Sh. Rewamal, Aged About 38 Years, Sindhi
Colony, Jalore. (At Present Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. M.S. Panwar
Mr. Kanti Lal Thakur.
For Respondent(s) : Mr. Arun Kumar, PP a/w Mr. Avinash
Godara.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
14/10/2022
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.379/2022
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
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accused petitioner.
Accordingly, S.B. Suspension of Sentence (Revision)
No.379/2022 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 No.2, Jalore in Criminal Original Case
No.1361/2014 vide order dated 27.04.2017 as affirmed by the
learned Additional Sessions Judge, Jalore vide order dated
13.09.2022 in Criminal Appeal No.131/2021 (CIS No.25/2017)
against the petitioner Naresh Kumar S/o Sh. Rewamal 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 16.11.2022 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-
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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-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.
18-/Jitender//-
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