Rakesh @ Lukka Son Of Pukhraj Meena vs State Of Rajasthan
2023 Latest Caselaw 1373 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Criminal Revision Petition No. 7/2023
Rakesh @ Lukka Son Of Pukhraj Meena
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan
                                                                ----Respondent

For Petitioner(s) : Mr. Asad Ul Hag Nooree with Mr. Hari Krishana Sharma For Respondent(s) : Mr. Suresh Kumar, PP

HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 02/02/2023 Heard learned counsel for the petitioner on criminal misc.

application (2/2023) for amendment in subject matter of this

petition.

For the reasons mentioned in the application, the same is

allowed. Amended subject matter may be taken on record.

Another application (1/2023) for correction of the order

passed by this Court on 24.01.2023 has also been filed with the

prayer that in order dated 24.01.2023 passed in this petition, this

Court has mentioned that criminal appeal no.67/2022 pending in

the Additional Sessions Judge No.1, Hindaun City has been

disposed of and the appellate Court has upheld the judgment and

sentence passed by the learned trial Court. Whereas, the appeal is

still pending in learned appellate Court, the appellate Court has

rejected the application under Section 389 Cr.P.C. filed by the

petitioner and rejected the prayer of the petitioner to suspend the

sentence passed by the learned trial Court. Therefore, necessary

correction to this effect may be made in the order of this Court on

24.01.2023 in this petition.

(2 of 2) [CRLR-7/2023]

Heard and perused the record.

Learned Public Prosecutor has no objection in making the

correction in the order dated 24.01.2023 passed by this Court in

this petition. Learned appellate Court simply rejected the

application filed on behalf of the petitioner under Section 389

Cr.P.C. This revision petition has been filed to suspend the

sentence passed by the learned trial Court. Therefore, correction

application filed on behalf of the petitioner is allowed and it is

ordered that sentence passed by the learned trail Court against

the petitioner in criminal case no.281/2011 passed by the Court of

Judicial Magistrate, Shrimahaveerji, District Karauli will remain

suspended during pendency of the appeal no.67/2022 filed by the

petitioner and which is pending in the Court of ADJ No.1, Hindaun

City, provided accused-applicant namely, Rakesh @ Lukka Son

Of Pukhraj Meena in the matter shall remain suspended during

pendency of petition and he shall be released on bail, provided

each of them furnishes a personal bond in the sum of Rs.50,000/-

along with two sureties in the sum of Rs.25,000/- each to the

satisfaction of the learned appellate Court to remain present

during pendency the appeal in that Court.

(ASHUTOSH KUMAR),J MADAN/S-50

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