High CourtsSingle Bench

Krishan Lal vs State, Through PP

Rajasthan High Court · Decided on 19 March 2020 · Citation: (2020) 03 RAJ CK 0093

HON’BLE JUDGES
Dr. Pushpendra Singh Bhati, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 397(2)
CASE NUMBER
Criminal Revision Petition No. 327 Of 2020
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Judgment

22 paragraphs · 420 words
1.

Admit.

2.

Issue notice.

3.

Learned Public Prosecutor accepts notice on behalf of the State. Hence, notice need not be issued. Call for the record. Heard learned counsel for

the petitioner and the learned Public Prosecutor on S.B. Suspension of Sentence (Revision) No. 104/2020.

4.

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.

5.

Accordingly, S.B. Suspension of Sentence (Revision) No. 104/2020 filed under Section 397(2) of Cr.P.C. is allowed and it is ordered that the

sentence passed by the learned Additional Judicial Magistrate, Suratgarh in Cr. Criminal Case No. 19/2018 vide order dated 04.07.2019 as affirmed by

the learned Additional Sessions Judge, Suratgarh, District Sri Ganganagar vide order dated 27.02.2020 in Cr. Appeal No. 59/2019 against the petitioner

Krishan Lal @ Kishan Lal S/o Shri Bhadar Ram, shall remain suspended till final disposal of the aforesaid revision petition and they shall be released

on bail, provided he executes a personal bond in a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial

Judge for their appearance in this court 20.04.2020 on 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 petitioner 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.

6.

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 accusedpetitioner 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 do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.