Ashok Kumar vs State Of Rajasthan
2021 Latest Caselaw 12502 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 124/2021

Ashok Kumar S/o Sh. Shyam Lal, Aged About 40 Years, B/c Kamboj, R/o Khuban, P.s. Bahavvala, Punjab. (Presently Lodged In Central Jail, Bikaner).

                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Vipin Makkad
For Respondent(s)        :     Mr. Mohd. Javed Gauri, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

10/08/2021

Heard learned counsel for the parties on suspension of

sentence (appeal) application.

Learned counsel for the petitioner has submitted that

Additional Sessions Judge, Sangaria, District Hanmumangarh vide

judgment dated 20.09.2016 has convicted the petitioner along

with co-accused persons namely Prakash, Jagseer Singh, Prabhjot

and Sahil for the offences punishable under Sections 395 and 397

IPC and sentenced them for ten years rigorous imprisonment and

has also imposed a fine of Rs.10,000/-. It is submitted that

sentence of the co-accused persons namely Prakash, Jagseer

Singh, Prabhjot and Sahil has already been suspended by the Co-

ordinate Benches of this Court and the case of the petitioner is not

distinguishable from them.

(2 of 3) [SOSA-124/2021]

Learned Public Prosecutor has opposed the prayer of the

application for Suspension of Sentence.

Having considered 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 suspension of sentence (appeal) application

filed under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated 20.09.2016 in Case No.12/2016 against appellant Ashok

Kumar S/o Sh. Shyam Lal shall remain suspended till final disposal

of the aforesaid appeal, provided he executes a personal bond in

the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to

the satisfaction of the learned trial Judge for his appearance in this

court on 09.09.2021 and whenever ordered to do so, till the

disposal of the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the

month of January of every year till the appeal is

decided.

2. That if the appellant changes the place of

residence, he will give in writing his changed

address to the trial Court as well as to the counsel

in the High Court.

3. Similarly, if the sureties change their address,

they will give in writing their changed address to

the trial Court.

(3 of 3) [SOSA-124/2021]

The learned trial Court shall keep the record of attendance of

the accused-appellant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

appellant was 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-appellant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(VIJAY BISHNOI),J

Surabhii/154-

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