Rajasthan High Court - Jodhpur
Sardar Bhai vs State Of Rajasthan on 18 October, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 994/2022
Sardar Bhai S/o Manji Bhai Bhabhor, Aged About 32 Years, Nisal,
Faliya, Vadwa, P.s. Jesawada, Dist. Dahod (Guj.). (At Present
Lodged N Dist. Jail, Banswara).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajesh Kumar
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/10/2022
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.317/2022.
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(401) Cr.P.C. is allowed and it is ordered that
the sentence passed by the learned Judicial Magistrate, Gadhi,
District Banswara in Criminal Case No.225/2021 vide order dated
06.05.2022 as affirmed by the learned Sessions Judge, Banswara
vide order dated 06.06.2022 in Criminal Appeal No.61/2022
against the petitioner- Sardar Bhai S/o Manji Bhai Bhabhor
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 21.11.2022 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.
The application (IA No.01/22) for preponement of the date
stands disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
146-/Jitender//-
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