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Mukesh @ Suriya vs State Of Rajasthan
2022 Latest Caselaw 12315 Raj

Citation : 2022 Latest Caselaw 12315 Raj
Judgement Date : 14 October, 2022

Rajasthan High Court - Jodhpur
Mukesh @ Suriya 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. 1160/2022

Mukesh @ Suriya S/o Pratap, Aged About 35 Years, R/o Jhab
Tehsil Chitalwana District Jalore (At Present Lodged In Central
Jail Jodhpur)
                                                                    ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)        :     Mr. Umaid Singh Rathore
For Respondent(s)        :     Mr. Shrawan Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

14/10/2022
     Heard.

     Admit.

     Issue notice. Learned Public Prosecutor accepts notice on

behalf of respondent-State.

     Heard learned counsel for the petitioner and the learned

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

No.385/2022.

     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) filed

under Section 397 read with Section 401 Cr.P.C. is allowed and it

is ordered that the sentence passed by the learned Chief Judicial

Magistrate, Jalore in Regular Criminal Case No.387/2009 vide

order dated 21.11.2014 as affirmed by the learned Sessions

Judge, Jalore vide order dated 12.09.2022 in Criminal Appeal

No.61/2021 against the petitioner- Mukesh @ Suriya S/o

Pratap, 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 17.11.2022 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-

petitioner was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall


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                                   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.

                                         Connect with S.B. Criminal Revision Petition No. 1124/2022.



                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

C-1-nirmala/-

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