Rajasthan High Court - Jodhpur
Kuldeep vs The State Of Rajasthan on 10 February, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/004791]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 157/2023
Kuldeep S/o Hari Ram, Aged About 42 Years, Ward No.21 Sanjay
Basti, Rawatsar, Tehsil Rawatsar, Dist. Hanumangarh.
(At Present Lodged In Sub Jail, Nohar).
----Petitioner
Versus
1. The State of Rajasthan, through PP
2. Mohan Lal S/o Sant Lal, B/c Sindhi, R/o Ward No.9,
Rawatsar, Dist. Hanumangarh.
----Respondents
For Petitioner(s) : Mr. Kuldeep Sharma
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
10/02/2023
Criminal Revision Petition No. 157/2023:-
Admit. Issue notice. Call for the record.
Learned Additional Government Advocate accepts notice,
hence, notice need not be issued.
Suspension of Sentence (Revision) No. 32/2023 :-
Heard learned counsel for the petitioner and the learned
Additional Government Advocate.
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, I consider it just and proper to
suspend the sentence awarded to the accused-petitioner.
[2023/RJJD/004791] (2 of 3) [CRLR-157/2023]
Accordingly, the application for suspension of sentence filed
under Section 397 read with Section 401 Cr.P.C. is allowed and it
is ordered that the sentence passed by the learned Judicial
Magistrate, Rawatsar, District Hanumangarh in Crl. Regular Case
No.686/2014 vide order dated 01.07.2019 as affirmed by the
learned Additional Sessions Judge No.1, Nohar, District
Hanumangarh vide order dated 01.02.2023 in Crl. Appeal
No.66/2019 against the petitioner-applicant- Kuldeep S/o Hari
Ram 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/- (Rupees: Fifty Thousand
Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five
Thousand Only) each to the satisfaction of the learned trial Judge
for his appearance in this court on 13.03.2023 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 applicant(s) 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-applicant in a separate file. Such file be registered as
[2023/RJJD/004791] (3 of 3) [CRLR-157/2023]
Criminal Misc. Case related to original case in which the accused-
applicant 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 applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(VINIT KUMAR MATHUR),J
13-Shahenshah/-
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