Rajasthan High Court - Jodhpur
Pappu vs State on 6 April, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 682/2020
Pappu S/o Sh. Shanti, Aged About 24 Years, B/c Rana-Bheel, R/o
Village Kundala Khurd Semaliya, Police Station Ambapura,
District Banswara (Raj.). (Presently Lodged In Central Jail,
Udaipur).
----Appellant
Versus
State, Through Pp
----Respondent
For Appellant(s) : Mr. Shambhoo Singh Rathore
through VC
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.653/2020.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, including the facts that the appellant is behind the
bars since 24.01.2018 and hearing of the appeal will take
sufficient long time to be concluded, this court is of the opinion
that it is a fit case for suspending the substantive 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
substantive sentences passed by the Learned Sessions Judge,
Banswara, vide judgment dated 27.07.2020 in Sessions Case
No.58/2018 against the appellant-applicant Pappu S/o Shri Shanti
(2 of 2) [CRLAS-682/2020]
shall remain suspended till final disposal of the aforesaid appeal
subject to the condition that the appellant will deposit the fine
amount as imposed by the learned trial Court and he will be
released on bail, provided he executes 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 his 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
1-Samvedana/-
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