Rajasthan High Court - Jodhpur
Bhanwar Lal vs State Of Rajasthan on 24 August, 2021
Bench: Pushpendra Singh Bhati
(1 of 3) [SOSA-180/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc IInd Suspension Of Sentence Application
(Appeal) No. 180/2021
Bhanwar Lal S/o Shri Mohan Lal, Aged About 27 Years, By Caste
Nayak, R/o Ward No. 01, Sadawali Kat, Police Station
Keshrisinghpur, District Sriganganagar. (Presently Lodged In
Central Jail Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Mridul Jain
For Respondent(s) : Mr. Mohd Javed, PP a/w Ms. Anita
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/08/2021
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 and perused the
record.
Learned counsel for the appellant submits that there is an
exception of the regular Court and thus the matter is to be heard
by this Court.
Learned counsel for the appellant submits that the case of
the appellant is same as that of Sonu @ Jagdish whose sentence
has already been suspended by this Court vide order dated
11.02.2021 in S.B. Criminal Misc. IInd Suspension Of Sentence
Application No.822/2020.
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Learned P.P. opposes the suspension of sentence of the
appellant but is unable to show anything in the case which could
be different from that of Sonu @ Jagdish.
Having considered the totality of facts and circumstances of
the case, this Court considers it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellant.
Accordingly, S.B. Criminal Misc. IInd Suspension Of
Sentence Application No.180/2021 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 20.02.2018 in Sessions
Criminal Case No.175/2016 (CIS No.141/2016) against applicant-
appellant Bhanwar Lal S/o Shri Mohan 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 27.09.2021 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.
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
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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.
(DR.PUSHPENDRA SINGH BHATI),J.
159-Jitender/Sphophaliya-
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