Hamji vs State Of Rajasthan
2022 Latest Caselaw 11241 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 924/2022

Hamji S/o Varsingh Garasiya, Aged About 60 Years, R/o Bildi Ps
Kalinjara Dist. Banswara (At Present Lodged In Dist. Jail
Banswara)
                                                                     ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)         :     Mr. Rakesh Matoria.
For Respondent(s)         :     Mr. Arun Kumar, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

08/09/2022
     Admit.

     Issue notice.

     Learned Public Prosecutor accepts notice on behalf of the

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.300/2022.

     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)

No.300/2022 filed under Section 397 read with Section 401 of

Cr.P.C. is allowed and it is ordered that the sentence passed by the

learned Additional Chief Judicial Magistrate, Kushalgarh, District

Banswara in Criminal Original Case No.394/2012 vide order dated

23.07.2013    as   affirmed         by     the       learned      Sessions   Judge,

Kushalgarh, District Banswara vide order dated 07.07.2022 in

Criminal Appeal No.10/2013 against the petitioner Hamji S/o

Varsingh Garasiya 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,

           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.

33-/Jitender/Nirmala

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