Rajasthan High Court - Jodhpur
Rayab Khan vs Ummed Singh on 8 September, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1071/2022
Rayab Khan S/o Jadan Khan, Aged About 34 Years, R/o Vill.
Kuchdi Post Haboor Tehsil And Dist. Jaisalmer
----Petitioner
Versus
1. Ummed Singh S/o Shri Bhanwar Singh, B/c Rajput R/o
Vill. Pithla Tehsil And Dist. Jaisalmer.
2. The State Of Rajasthan.
----Respondents
For Petitioner(s) : Mr. Surendra Singh Choudhary
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
08/09/2022
Admit.
Issue notice to the respondent No.2 only as learned Public
Prosecutor accepts notice on behalf of respondent-State.
Call for the record.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.341/2022.
Learned counsel for the petitioner submits that the petitioner
is in custody and 50% of the total cheque amount has already
been paid, and the same is reflected in the para 18 of the
impugned order.
Learned Public Prosecutor opposes the suspension of
sentence application.
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(2 of 3) [CRLR-1071/2022]
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.341/2022 filed under Section 397(1) Cr.P.C. is allowed and it
is ordered that the sentence passed by the learned Judicial
Magistrate, Jaisalmer in Regular Criminal Case No.03/2011 vide
order dated 03.01.2015 as affirmed by the learned Additional
Sessions Judge, Jaisalmer vide order dated 31.08.2022 in Criminal
Appeal No.112/2016 (05/2016) against the petitioner Rayab
Khan S/o Jadan Khan, 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 11.10.2022 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,
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(3 of 3) [CRLR-1071/2022]
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.
229-Zeeshan
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