Rajasthan High Court - Jodhpur
Shiv Lal @ Shiv Singh Nain vs State Of Rajasthan on 7 April, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 362/2021
Shiv Lal @ Shiv Singh Nain S/o Sh. Kesa Ram, Aged About 32
Years, R/o Naino Ki Dhani, Shikargarh, Jodhpur.
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Dharma Ram
For Respondent(s) : Mr. SK Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/04/2021
Heard.
Admit. Learned Public Prosecutor accepts notice on behalf of
the respondent -State.
Call for record.
Heard on application for Suspension of Sentence
No.305/2021.
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 fact that the appellant was 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
appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the learned Additional Sessions
Judge No.6, Jodhpur Metropolitan vide judgment dated
25.02.2021 in Sessions Case No.16/2015 against the appellant-
(2 of 2) [CRLAS-362/2021]
applicant Shiv Lal @ Shiv Singh Nain S/o Shri Kesa Ram, shall
remain suspended till final disposal of the aforesaid appeal and he
shall be released on bail subject to deposit the fine amount as
imposed by the learned trial Court, 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 07.05.2021 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
71-nidhi/-
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