HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1333/2022 Vinod Kumar S/o Shri Prithviraj Solanki, Aged About 49 Years, R/ o House No. 562, Village 3E Chhoti, Ssb Road, Sri Ganganagar, At Present Govt. Quarter No. 486, Tibba Colony Suratgarh, At Present Working Ldc, Office Of Child Development Project Officer, Women And Child Development Department, Suratgarh, District Sriganganagar.
----Appellant Versus State Of Rajasthan, Through Pp
----Respondent For Appellant(s) : Mr. Rajesh Saharan For Respondent(s) : Mr. Mahipal Bishnoi, PP HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order 27/08/2022 Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of respondent-State. Hence, notice need not be issued.
Call for the record.
Heard learned counsel for the parties on S.B. Suspension of Sentence (Appeal) No.763/2022.
Learned counsel for the appellant submits that the appellant's sentence has already been temporarily suspended by the learned trial court itself.
Learned Public Prosecutor opposes the suspension of sentence application.
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(2 of 3) [CRLAS-1333/2022] Having considered the totality of facts and circumstances of the case, this Court deems it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal) filed under Section 374 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 06.08.2022 in Sessions Case No.71/2013 against appellant- Vinod Kumar S/o Shri Prithviraj Solanki shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 29.09.2022 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, they will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address, they will give in writing their changed address to 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 (Downloaded on 27/08/2022 at 09:36:37 PM) (3 of 3) [CRLAS-1333/2022] pendency and disposal of cases in the trial court. In case the said accused appellant do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J 11-Nirmala/-
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