HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 415/2021
1. Lala Ram S/o Pokar Ram, Aged About 40 Years, By Caste Jat, R/o Nakkodesar, Tehsil Loonkaransar, District Bikaner. (Presently Lodged In Central Jail, Bikaner).
2. Akha Ram S/o Pokar Ram, Aged About 48 Years, By Caste Jat, R/o Nakkodesar, Tehsil Loonkaransar, District Bikaner. (Presently Lodged In Central Jail, Bikaner).
----Appellants Versus State Of Rajasthan, Through P.p.
----Respondent For Appellant(s) : Mr. J.S. Choudhary, Sr. Advocate assisted by Mr. Pradeep Choudhary, through V.C.
For Respondent(s) : Mr. Mool Singh Bhati, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG (VACATION JUDGE) Order 01/06/2021 Heard. Admit. Call for record.
Heard learned counsel for the appellants through video call and learned Public Prosecutor on application for suspension of sentence No.316/2021.
Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the substantive sentences awarded to the accused appellants.
Accordingly, the 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 Addl. Sessions Judge (Downloaded on 01/06/2021 at 08:26:17 PM) (2 of 2) [CRLAS-415/2021] No.5, Bikaner, vide judgment dated 09.04.2021 in Criminal Orignal Case No.22/2020 (192/2013) against the applicants (1) Lala Ram S/o Pokar Ram & (2) Akha Ram S/o Pokar Ram, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail subject to deposit the fine amount as imposed by the learned trial Court, provided they execute a personal bond in the sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 01.07.2021 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. Appellants 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), VJ 42-Ishan/-
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