Rajasthan High Court - Jodhpur
Chaina Ram vs State Of Rajasthan on 3 August, 2021
Bench: Sandeep Mehta, Manoj Kumar Garg
(1 of 3) [SOSA-287/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc II Suspension Of Sentence Application
(Appeal) No. 287/2021
Chaina Ram S/o Shri Parasmal, Aged About 32 Years, Chowkidar,
R/o Balunda Village, Anandpur Kalu Police Station Sojat City,
Dist. Pali (Raj.). (Lodged In Central Jail Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Kuldeep Bishnoi
Mr. O.P. Rajpurohit
For Respondent(s) : Mr. N.S. Bhati, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
03/08/2021
Heard learned counsel for the appellant-applicant, learned
Public Prosecutor and perused the material available on record.
The appellant was granted bail and his sentences were
suspended by this Court in this appeal vide order dated
07.03.2019. The appellant did not appear before this Court to
mark his presence on 09.04.2019 and thereafter, numerous
opportunities were given to his counsel to ensure compliance but
the appellant failed to do so on which, his bail bonds were
forfeited and warrant of arrest was issued against the appellant
and he was re-arrested on 10.02.2020. Since then, he is in
custody. It may be stated here that during the period of his
abscondance, two FIRs of theft were registered at the Police
(2 of 3) [SOSA-287/2021]
Stations Sojat City and Jaitaran in which, the appellant has been
found involved.
We have concluded the proceedings under Section 446 CrPC
initiated against the appellant and his sureties by a separate order
today.
Having regard to the peculiar facts and circumstances as
available on record, we are inclined to grant one more opportunity
to the appellant to pursue this appeal while being on bail.
Accordingly, the instant second application for suspension of
sentences filed under Section 389 CrPC is allowed and it is ordered
that the sentences passed by the learned Additional Sessions
Judge, Sojat, District Pali vide judgment dated 23.05.2017 in
Sessions Case No.01/2013 (CIS No.15/2014) against the
appellant-applicant Chaina Ram S/o Shri Parasmal shall remain
suspended till final disposal of the appeal and he shall be released
on bail subject to the presentation of the receipt of deposit of
amount in the proceedings under Section 446 CrPC and upon
furnishing a personal bond in the sum of Rs.1,00,000/- and two
sound and solvent sureties in the sum of Rs.50,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
court on 03.09.2021 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 of 3) [SOSA-287/2021]
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address 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
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 (SANDEEP MEHTA),J
28-Sudhir Asopa/Devesh/-
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