HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 125/2023 Bhoopram @ Bhoopraj S/o Ramjas, Aged About 54 Years, R/o Nihalpura, P.s. Pilibanga, Teh. And Dist. Hanumangarh.
----Appellant Versus
1. State Of Rajasthan, Through Pp
2. Rajinder S/o Chetram, R/o Nihalpura Teh. Pilibanga, Dist.
Hanumangarh.
----Respondents For Appellant(s) : Mr. Jeetender Singh Khichi For Respondent(s) : Mohd. Javed Gouri, PP HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 30/01/2023 Heard.
Admit.
Call for record.
Issue notice to the respondent No.2. Learned Public Prosecutor accepts notice on behalf of State.
Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence No.75/2023.
Learned counsel for the appellant-applicant submits that the learned Trial Court has already suspended the sentence of the appellant for a period of one month. Therefore, learned counsel for the appellant prays that the sentence awarded to the accused- appellant may be suspended.
Learned Public Prosecutor vehemently opposed the prayer (Downloaded on 31/01/2023 at 10:26:18 PM) (2 of 3) [CRLAS-125/2023] made by the learned counsel for the accused-appellant.
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, SC/ST Act Cases District Hanumangarh, vide judgment dated 16.01.2023 in Sessions Case No.28/2016 against the appellant-applicant- Bhoopram @ Bhoopraj S/o Ramjas shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he 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 their appearance in this Court on 27.02.2023 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-applicant(s) was/were tried and convicted. A copy of this (Downloaded on 31/01/2023 at 10:26:18 PM) (3 of 3) [CRLAS-125/2023] 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.
(MADAN GOPAL VYAS),J 126-neha/-
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