Rajasthan High Court - Jodhpur
Dula Ram vs State Of Rajasthan on 21 October, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1246/2022
1. Dula Ram S/o Surta Ram, Aged About 36 Years, B/c Bhil,
R/o Jetdasar, P.s. Bap, Dist. Jodhpur (Raj.). (At Present
Lodged In Central Jail, Jodhpur).
2. Gena Ram @ Gyan Chand S/o Surta Ram, Aged About 30
Years, B/c Bhil, R/o Jetdasar, P.s. Bap, Dist. Jodhpur
(Raj.). (At Present Lodged In Central Jail, Jodhpur).
3. Chima Ram S/o Nakhta Ram, Aged About 30 Years, B/c
Bhil, R/o Jetdasar, P.s. Bap, Dist. Jodhpur (Raj.). (At
Present Lodged In Central Jail, Jodhpur).
4. Sharwan S/o Taru Ram, Aged About 30 Years, B/c Bhil, R/
o Manchitiya, P.s. Bap, Dist. Jodhpur (Raj.). (At Present
Lodged In Central Jail, Jodhpur).
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Hoshiyar Singh
For Respondent(s) : MR. Mohd. Javed Gauri, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/10/2022
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.405/2022
Learned Public Prosecutor opposes the suspension of
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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
accused petitioner.
Accordingly, S.B. Suspension of Sentence (Revision)
No.405/2022 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.1, Phalodi, District Jodhpur in Criminal
Regular Case No.830/2005 vide order dated 18.12.2018 as
affirmed by the learned Additional Sessions Judge, Phalodi, District
Jodhpur vide order dated 21.09.2022 in Criminal Appeal
No.04/2018 against the petitioners (1) Dula Ram S/o Surta
Ram, (2) Gena Ram @ Gyan Chand S/o Surta Ram, (3)
Chima Ram S/o Nakhta Ram & (4) Sharwan S/o Taru Ram
shall remain suspended till final disposal of the aforesaid revision
and he shall be released on bail, provided they execute 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 / Link Court for
their 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
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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
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.
218-Sudheer/-
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