HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. 2nd Suspension Of Sentence Application (Appeal) No. 243/2021 Kishan Lal @ Logar @ Kanna S/o Sava Ji Gayri, Aged About 50 Years, R/o Shambhupura, P.S. Vallabhnagar, Dist. Udaipur.
(Lodged In Central Jail, Udaipur).
----Petitioner Versus State Of Rajasthan
----Respondent For Petitioner(s) : Mr.D.S.Udawat, Adv. For Respondent(s) : Mr.Laxman Bishnoi, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 29/07/2021 This is the second application under Section 389 Cr.P.C. for suspension of sentence. The first bail application of the appellant was dismissed as not pressed vide order dated 26.11.2018.
Heard learned counsel for the appellant as well as learned public prosecutor and gone through the record.
Having considered the totality of facts and circumstances of the case and keeping in view the fact that the appellant is in custody since 16.02.2017 and hearing of the appeal will take a sufficient long time, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant.
Accordingly, the present bail application filed by the appellant under Sec.389 Cr.P.C. is allowed and it is ordered that the (Downloaded on 29/07/2021 at 08:59:55 PM) (2 of 3) [SOSA-243/2021] substantive sentence passed by the learned Additional Sessions Judge (Women Atrocities Cases), Udaipur vide judgment dated 12.09.2018 in Sessions Case No.31/2017 (CI.S. No.31/2017) against the accused-appellant Kishan Lal @ Logar @ Kanna S/o Sava Gayri shall remain suspended till final disposal of the aforesaid appeal subject to depositing the fine amount. The appellant shall be released on bail 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 before this court on 01.09.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
3. That similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.
4. That the appellant shall deposit the fine amount as directed by the trial court.
The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- appellant was 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 accused-appellant does not not appear before the trial court, the (Downloaded on 29/07/2021 at 08:59:55 PM) (3 of 3) [SOSA-243/2021] learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MANOJ KUMAR GARG),J 48-NK/-
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