Rajasthan High Court - Jodhpur
Bheru Kanjar vs State Of Rajasthan on 3 August, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Second Suspension Of Sentence Application
(Appeal) No. 386/2021
IN
S.B Criminal Appeal No.1075/2020
Bheru Kanjar S/o Sh. Sishma, Aged About 38 Years, By Caste
Kanjar, R/o Mevdha Colony P.s. Kapasan, District Chittorgarh.
(Presently Lodged In Central Jail Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kaluram Bhati
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/08/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Heard learned counsel for the parties on the application
seeking suspension of sentence.
Counsel for the appellant submits that the sentence of
present appellant ought to be considered at par with Narain and
Rama, whose sentence has already been suspended.
Learned PP opposed the application but is unable to refute
the fact that sentence of similarly situated Rama and Narain has
already been suspended.
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(2 of 3) [SOSA-386/2021]
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Bheru Kanjar S/o Sh. Sishma by the learned
Additional District Judge, Rajsamand vide judgment dated
27.11.2020 in Sessions Case No.26/2013 shall remain suspended
till final disposal of aforesaid appeal provided he executes a
personal bond for a sum of Rs.50,000/- alongwith two solvent
sureties in the sum of Rs.25,000/- each to the satisfaction of the
learned trial court for his appearance before this Court on
08.09.2021 and whenever called upon to do so till the disposal of
the appeal on the conditions inidcated 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(s) 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
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(3 of 3) [SOSA-386/2021]
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.
(DR.PUSHPENDRA SINGH BHATI),J.
119-Nirmala/Sanjay-
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