Rajasthan High Court - Jodhpur
Ramdev 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. 1093/2022
Ramdev S/o Deepu Gadouliya, Aged About 40 Years, R/o Badnor
Ps Badnor Dist. Bhilwara (At Present Lodged In Dist. Jail
Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Parwat Singh Rathore
For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
14/10/2022
For the reasons mentioned in the application under Section 5
of the Limitation Act, the delay in filing the present revision
petition is condoned.
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.353/2022.
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
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short sentence awarded by the learned trial court, this Court
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 Additional
Chief Judicial Magistrate, Gangapur, District Bhilwara in Regular
Criminal Case No.283/2007 vide order dated 21.11.2017 as
affirmed by the learned Additional Sessions Judge, Gangapur,
District Bhilwara vide order dated 27.11.2019 in Criminal Appeal
No.06/2018 against the petitioner- Ramdev S/o Deepu
Gadouliya, 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
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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
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.
211-nirmala/-
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