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Rajasthan High Court · body

2020 DIGILAW 294 (RAJ)

Gora Ram v. State

2020-01-30

VIJAY BISHNOI

body2020
JUDGMENT 1. Admit. 2. Issue notice. 3. Learned Public Prosecutor accepts notice on behalf of the State. Hence, notice need not be issued. 4. Heard learned counsels for the petitioners and the learned Public Prosecutor on S.B. Crl. Misc. (Suspension of Sentence) Applications Nos.39/2020, 12/2020 and 19/2020. 5. I have considered the rival arguments advanced by the parties and perused the judgments of the courts below. 6. 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. 7. Accordingly, S.B. Crl. Misc. (Suspension of Sentence) Applications Nos.39/2020, 12/2020 and 19/2020 filed under Section 397(1) Cr.P.C. are allowed and it is ordered that the sentence passed by the learned Additional Chief Judicial Magistrate, Pali vide order dated 7.1.2015 as affirmed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pali vide order dated 3.1.2020 in Cr. Appeal Nos.139/2015 and 148/2015 (Sessions Case No.156/2013) against the petitioners Gora Ram S/o Shri Shivji @ Shivlal, Ramesh @ Katiya S/o Mangi Lal and Nirmal Kumar S/o Shri Mahaveer Prasad Ji, shall remain suspended till final disposal of the aforesaid revision petitions 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 on 03.03.2020 and whenever ordered to do so, till the disposal of the revisions 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. 8. 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. 8. 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.