HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 183/2021
1. Balkar Singh S/o Darsan Singh, Aged About 38 Years, By Caste Jat Sikh, R/o Chota Lalpura, Police Station Rai Singh Nagar, District Shri Ganganagar. (At Present Lodged At Jail In Sriganganagar).
2. Darsan Singh S/o Mehar Singh, Aged About 71 Years, By Caste Jat Sikh, R/o Chota Lalpura, Police Station Rai Singh Nagar, District Shri Ganganagar. (At Present Lodged At Jail In Sriganganagar).
3. Bilordin S/o Mithu Kha, Aged About 66 Years, By Caste Musalman, R/o Sardargarh, Police Station Suratgarh, District Shri Ganganagar. (At Present Lodged At Jail In Sriganganagar).
----Appellants Versus State Of Rajasthan, Through P.p.
----Respondent For Appellant(s) : Mr. HSS Kharlia, Sr. Adv. assisted by Dr. RDSS Kharlia, through VC For Respondent(s) : Mr. SS Rajpurohit, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG (VACATION JUDGE) Order 31/05/2021 Heard. Admit.
Heard on application for suspension of sentence No.162/2021.
Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case, appellants were on bail during the trial, this Court is (Downloaded on 31/05/2021 at 08:33:53 PM) (2 of 3) [CRLAS-183/2021] of the opinion that it is a fit case for suspending the substantive sentence 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 sentence passed by the learned Additional Sessions Judge, Anupgarh vide judgment dated 27.01.2021 in Sessions Case No.37/2011 against the appellant-applicants (1) Balkar Singh S/o Darsan Singh, (2) Darsan Singh S/o Mehar Singh (3) Bilordin S/o Mithu Kha, 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 they execute 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 their appearance in this court on 30.06.2021 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 (Downloaded on 31/05/2021 at 08:33:53 PM) (3 of 3) [CRLAS-183/2021] 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 36-nidhi/-
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