Pappu Das @ Shanti Das vs State Of Rajasthan

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
     S.B. Criminal Misc. IInd Suspension Of Sentence Application
                         (Appeal) No. 933/2022

Pappu Das @ Shanti Das S/o Narain Das Vasihnav, Aged About
35 Years, B/c Vaishnav, R/o Jagat , Kurabad Police Station,
Udaipur, District Udaipur. (Lodged In Central Jail, Udaipur)
                                                                     ----Petitioner
                                   Versus
1.       State Of Rajasthan, Through Pp
2.       Bherulal S/o Shankar Lal, R/o Suro Ka Guda, Police
         Station Kurabad, Tehsil Girwa, District Udaipur.
                                                                  ----Respondents


For Petitioner(s)         :    Mr. J.V.S. Deora
For Respondent(s)         :    Mr. Arun Kumar, PP



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

09/01/2023
1.    Learned counsel for the applicant-appellant has drawn

attention of this Court towards Ex.-D1 from the record. Learned

counsel also submits that the applicant-appellant has undergone a

custody period of about seven years.

2.    Learned   Public    Prosecutor        opposes         the    suspension    of

sentence application.

3.    Heard learned counsel for the parties.

4.    Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced at the Bar, this

Court is of the opinion that the bail application for suspension of

sentence filed by the petitioner deserves to be accepted.




                    (Downloaded on 10/01/2023 at 11:38:10 PM)
                                             (2 of 3)                     [SOSA-933/2022]



5.   Accordingly, this S.B. Suspension of Sentence Application

(Appeal) filed under Sec.389 Cr.P.C. is allowed and it is ordered

that the substantive sentence passed by the trial court vide

judgment dated 13.08.2019 in Sessions Case No.02/2018 against

appellant -Pappu Das @ Shanti Das S/o Narain Das Vasihnav

shall remain suspended till final disposal of the aforesaid appeal,

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 his appearance in this court on 13.02.2023

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, he 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.

6.   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

pendency and disposal of cases in the trial court. In case the said

accused-appellant does not appear before the trial court, the



                       (Downloaded on 10/01/2023 at 11:38:10 PM)
                                                                                 (3 of 3)               [SOSA-933/2022]



                                   learned trial Judge shall report the matter to the High Court for

                                   cancellation of bail.

                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

368-nirmala/-

Powered by TCPDF (www.tcpdf.org)