Shaymu @ Shyamlal vs State Of Rajasthan
2022 Latest Caselaw 11948 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
          S.B. Criminal Revision Petition No. 1056/2022

Shaymu @ Shyamlal S/o Shri Narayan, Aged About 40 Years, B/c
Meena R/o Machlaya Ps Arnod Dist. Pratapgarh (At Present
Lodged In Dist. Jail Pratapgarh)
                                                                     ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)         :     Mr. Ramesh Purohit.
For Respondent(s)         :     Mr. S.S. Rajpurohit, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

28/09/2022
     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.333/2022.

     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.333/2022 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, Arnod, Pratapgarh in Criminal Case

No.47/2010 vide order dated 08.05.2018 as affirmed by the

learned Sessions Judge, Pratapgarh vide order dated 25.07.2022

in Criminal Appeal No.52/2018 against the petitioner Shaymu @

Shyamlal S/o Shri Narayan 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

02.11.2022 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-

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                                   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.

16-/Jitender//-

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