HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1915/2022 Asha Joshi W/o Rajendra Joshi, Aged About 65 Years, R/o Hanumanji Ki Bhakri Nai Sarak Sojti Gate At Present A.n.m. Sub Health Centre Navra Road Jodhpur (Now Retired)
----Appellant Versus State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr. Rajendra Singh Shekhawat
For Respondent(s) : Mr. AR Malkani for
Mr. M.A. Siddiqui, GA-cum-AAG
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/12/2022
Heard.
Admit.
Issue notice. Learned Public Prosecutor accepts notice on behalf of the respondent-State.
Call for record.
Heard learned counsel for the appellant and learned public prosecutor on application of suspension of sentence No.1141/2022.
Learned counsel for the appellant submits that the accused- appellant was on bail during trial. Thus, learned counsel for the appellant submits that the sentence awarded to the accused-appellant may be suspended as the hearing of the appeal will take long time.
Learned Public Prosecutor vehemently opposed the prayer made by the learned counsel for the accused-appellant. (Downloaded on 05/12/2022 at 11:55:25 PM)
(2 of 3) [CRLAS-1915/2022] Upon a consideration of the arguments advanced on behalf of the appellant 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 sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, Prevention of Corruption Act No.1, Jodhpur, vide judgment dated 19.11.2022 in Criminal Sessions Case No. 29/2015 against the appellant-applicant Asha Joshi W/o Rajendra Joshi shall remain suspended till final disposal of the aforesaid appeal and she will be released on bail, provided she executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for her appearance in this court on 05.01.2023 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.
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- (Downloaded on 05/12/2022 at 11:55:25 PM)
(3 of 3) [CRLAS-1915/2022] 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.
(FARJAND ALI),J 8-Anshul/-
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