HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 161/2021 Krishan Lal S/o Hetram, Aged About 34 Years, B/c Nayak, R/o 50 Np Raisinghnagar, District Sri Ganganagar.
----Petitioner Versus State, Through Pp
----Respondent For Petitioner(s) : Mr. Navneet Poonia. For Respondent(s) : Mr. Anees Bhurat, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 26/08/2021 Heard learned counsel for the appellant and learned Public Prosecutor.
Learned Public Prosecutor has submitted a report dated 16.07.2021 forwarded by the Superintendent, Central Jail, Sriganganagar whereby it has been informed that the appellant has served more than nine years of sentence.
Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that the appellant has served more than nine years of sentence and the hearing of the appeal will take sufficient long time, this Court is of the opinion that it is a fit case for suspending the substantive sentences awarded to the accused appellant.
Accordingly, the second application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned (Downloaded on 26/08/2021 at 08:47:43 PM) (2 of 2) [SOSA-161/2021] Special Judge, Women Atrodicites & Dowry Cases), Sriganganagar, vide judgment dated 07.08.2015 in Sessions Case No.93/2013 against the applicant Krishan Lal S/o Hetram, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to deposit the fine amount as imposed by the learned trial Court, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 27.09.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/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(s), they will give in writing their changed address to the trial Court.
4. Petitioner shall deposit the fine amount as imposed by the learned trial Court.
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/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 applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MANOJ KUMAR GARG),J 178-Ms/nidhi/-
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