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. 1124/2022
Naresh Kumar S/o Shri Rewamal, Aged About 38 Years, R/o
Sindhi Colony Jalore (At Present Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kanti Lal Thakur
For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
14/10/2022
Heard.
For the reasons mentioned, the defects pointed out by the
office are overruled.
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.368/2022.
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
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deems it just and proper to suspend the sentence awarded to the
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.58/2021 (CIS No.501/2014) against the petitioner- Naresh
Kumar S/o Shri 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
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
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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.
212-nirmala/-
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