Krishan Lal vs State
2021 Latest Caselaw 13164 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 161/2021

Krishan Lal S/o Hetram, Aged About 34 Years, B/c Nayak, R/o 50 Np Raisinghnagar, District Sri Ganganagar.

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Navneet Poonia. For Respondent(s) : Mr. Anees Bhurat, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

26/08/2021

Heard learned counsel for the appellant and learned Public

Prosecutor.

Learned Public Prosecutor has submitted a report dated

16.07.2021 forwarded by the Superintendent, Central Jail,

Sriganganagar whereby it has been informed that the appellant

has served more than nine years of sentence.

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 facts that the appellant has served more

than nine years of sentence and the hearing of the appeal will take

sufficient long time, this Court is of the opinion that it is a fit case

for suspending the substantive sentences awarded to the accused

appellant.

Accordingly, the second application for suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that the substantive sentences passed by the learned

(2 of 2) [SOSA-161/2021]

Special Judge, Women Atrodicites & Dowry Cases), Sriganganagar,

vide judgment dated 07.08.2015 in Sessions Case No.93/2013

against the applicant Krishan Lal S/o Hetram, 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 27.09.2021 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. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

4. Petitioner 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 178-Ms/nidhi/-

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