Revision petition against conviction and sentence upheld by the Sessions Court. The petitioner had died on 17.10.2017; the arrest warrant report carried his death certificate. The court recalled the earlier warrant order and disposed of the revision petition as abated.
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[2024:RJ-JP:1463]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1966/2016
Ramswaroop S/o Jagram, R/o Lorwada, Police Station Soorwal, Distt. Sawai Madhopur Raj. At Present Accused Petitioner Confined In Central Jail Bharatpur
----Petitioner
Versus
State Of Rajasthan Through PP
----Respondent
For Petitioner(s) : None present For Respondent(s) : Mr. Prashant Sharma, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order
09/01/2024
The present revision petition has been filed by the petitioner against the judgment dated 05.02.2016 passed by the Court of Sessions Judge, Sawai Madhopur, in Criminal Appeal No.136/2015 whereby the appeal filed by the petitioner was dismissed and the judgment of conviction & order of sentence dated 03.08.2015 passed by the Court of Additional Civil Judge & Judicial Magistrate, Sawai Madhopur, in Regular Criminal Case No.238/2004, was upheld.
Co-ordinate Bench of this Court had allowed the application for suspension of sentence of the petitioner vide its order dated 10.01.2017. The petitioner did not mark his presence in compliance of the order dated 10.01.2017 & 21.03.2017. Hence, the said order of suspension of sentence dated 10.01.2017 was recalled & the bail bonds, in pursuance thereof were forfeited and
[2024:RJ-JP:1463] (2 of 2)
[CRLR-1966/2016]
warrant of arrest was issued against the accused vide order dated 03.10.2023.
As per office report, the arrest warrant alongwith death certificate of the petitioner has been received from the concerned Police Station wherein it has been informed by the family members of the petitioner that the petitioner has expired on 17.10.2017.
Since the petitioner has expired on 17.10.2017 as per report of arrest warrant, the order dated 03.10.2023 passed by Coordinate Bench of this Court, is recalled.
In view of the above, the present revision petition has become abated and the same is hereby disposed of as abated.
Pending application(s), if any, also stands disposed of.
(VINOD KUMAR BHARWANI),J
SAHIL SONI /75
1 issue framed by the court
How should a criminal revision petition be disposed of when the petitioner, whose conviction was upheld in appeal, has died while the case was pending?
Ramswaroop
State Of Rajasthan Through PP
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
