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Krishanlal and Others vs State, Through PP

Rajasthan High Court · Decided on 19 March 2020 · Citation: (2020) 03 RAJ CK 0094

HON’BLE JUDGES
Dr. Pushpendra Singh Bhati, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 397, 401
CASE NUMBER
Criminal Revision Petition No. 342 Of 2020
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Judgment

24 paragraphs · 436 words
1.

Admit.

2.

Issue notice.

3.

Learned Public Prosecutor accepts notice on behalf of the State. Hence, notice need not be issued.

4.

Call for the record.

5.

Heard learned counsel for the petitioners and the learned Public Prosecutor on S.B. Suspension of Sentence (Revision) No. 111/2020.

6.

I have considered the rival arguments advanced by the parties and perused the judgments of the courts below.

7.

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 petitioners.

8.

Accordingly, S.B. Suspension of Sentence (Revision) No. 111/2020 filed under Section 397/401 of Cr.P.C. is allowed and it is ordered that the

sentence passed by the learned Judicial Magistrate, Suratgarh, Sriganganagar in Cr. Criminal Case No725/2013 (C.I.S. No. 3749/2014) vide order

dated 17.01.2020 as affirmed by the learned Additional Session Judge, Suratgarh, Sriganganagar vide order dated 03.03.2020 in Cr. Appeal No.

11/2020 (C.I.S. No. 11/2020) against the petitioners (1) Krishanlal S/o Birbalram, (2) Netram S/o Krishanlal, (3) Vedprakash S/o Krishanlal and (4)

Madanlal S/o Krishanlal, shall remain suspended till final disposal of the aforesaid revision petition and they shall be released on bail, provided each of

them 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 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.

9.

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 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.