Citation : 2021 Latest Caselaw 8907 Raj
Judgement Date : 6 April, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 302/2021
1. Vikram Singh S/o Sh. Kashi Ram, Aged About 40 Years, R/o Hamirbas, P.s. Surajgarh Dist. Jhunjhunun. (At Present Lodged In District Jail, Hanumangarh).
2. Sanjay Kumar S/o Sh. Nand Ram, Aged About 38 Years, R/o Brijlalpura, P.s. Chidava Dist. Jhunjhunun. (At Present Lodged In Dist. Jail, Hanumangarh).
----Appellants Versus State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Kuldeep Sharma For Respondent(s) : Mr. Anees Bhurat, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/04/2021
Heard. Admit.
Heard on application of suspension of sentence
No.247/2021.
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 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 sentences passed by the Learned Sessions Judge, Hanumangarh, vide judgment dated 05.03.2021 in Sessions Case No.25/2017 against the appellant-applicants No.1 Vikram Singh S/ o Sh. Kashi Ram and No.2 Sanjay Kumar S/o Sh. Nand Ram shall
(2 of 2) [CRLAS-302/2021]
remain suspended till final disposal of the aforesaid appeal subject to the condition that the appellants will deposit the fine amount as imposed by the learned trial Court and they will be released on bail, 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 06.05.2021 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. Appellant 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 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),J 7-Samvedana/-
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