Citation : 2024 Latest Caselaw 50 Raj/2
Judgement Date : 5 January, 2024
[2024:RJ-JP:802]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail (Suspension of Sentence)
Application No.14/2024
In
S.B. Criminal Revision Petition No. 22/2024
1. Ramlal Son Of Shri Natholiram, Resident Of Tudiyana
Police Station Mahwa, District Dausa (Raj) (Accused
Petitioners Presently Confined At Central Jail Dausa,
District Dausa)
2. Badansingh Son Of Shri Narayan, Resident Of Berkhera,
Police Station Mahwa, District Dausa (Raj) (Accused
Petitioners Presently Confined At Central Jail Dausa,
District Dausa)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajneesh Gupta
For Respondent(s) : Mr. Mahendra Meena, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
05/01/2024
Heard learned counsel for the parties on the application
seeking Suspension of Sentence.
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.
Accordingly, this application of Suspension of Sentence filed
[2024:RJ-JP:802] (2 of 3) [CRLR-22/2024]
under Section 389 of the Cr.P.C. is allowed and it is ordered that
the sentences passed by the learned Additional Chief Judicial
Magistrate, Bandikui, District Sausa in Criminal Regular Case
No.27/2007 vide judgment dated 12.04.2019 as affirmed by the
learned Additional Sessions Judge No.2, Bandikui, District Dausa
(Raj.) vide judgment dated 22.12.2023 in Criminal Appeal
No.42/2019 (CIS No.42/2019) against the petitioners Ramlal son
of Shri Natholiram & Badansingh Son of Shri Narayan, shall remain
suspended till final disposal of the aforesaid revision and they shall
be released on bail, provided each of them execute a personal
bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-
each to the satisfaction of learned trial Judge for their appearance
in this court on 08.02.2024 and whenever ordered to do so, till the
disposal of the revision on the conditions indicated below:-
1. That they will appear before the trial Court in the month of January of every year till the revision is decided.
2. That if the petitioners changes the place of residence, they will give in writing their 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-petitioners in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-petitioners were 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
[2024:RJ-JP:802] (3 of 3) [CRLR-22/2024]
said accused-petitioners do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(PRAVEER BHATNAGAR),J
134-Mohit & Rahul
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