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2022 Supreme(Raj) 2796

PUSHPENDRA SINGH BHATI
Bhanwar Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Pravin Vyas, Advocate and Mr. Devesh Khatri, Advocate, for the Appellant; Mr. Mukhtiyar Khan, PP and Mr. Prithvi Raj Singh Balot, Advocate, for the Respondent.

ORDER

1. The matter pertains to an incident which occurred in the year 1986 and the present criminal revision has been pending since the year 2005.

2. This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been preferred against the judgment dated 01.08.2005 passed by learned Sessions Judge, Jaisalmer in Criminal Appeal No.10/2003, whereby the judgment dated 28.03.2003 passed by learned Chief Judicial Magistrate, Jaisalmer in Criminal Case No.162/1997 convicting the revisionist-petitioner was upheld. The petitioner was convicted for the offences under Section 408 IPC and was sentenced to undergo one years’ R.I. and a fine of Rs.500/-, in default of payment of which, he was ordered to undergo further 15 days S.I.

3. Learned counsel for the accused-petitioner submits that the accused-petitioner do not have any criminal antecedents to his discredit.

4. Learned counsel for the revisionist-petitioner further submits that the sentence so awarded to the revisionist-petitioner was suspended by this Hon’ble Court way back in 2005 and the petitioner is on bail.

5. Learned counsel for the accused-petitioner however, makes a limited prayer that the accused-petitioner ma

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