Rajasthan High Court - Jodhpur
Chandrapal vs State on 7 December, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1196/2021
Chandrapal S/o Sh. Heeraram, Aged About 55 Years, B/c Sansi,
R/o Bayatu Bhopji, Dist. Barmer. Rajasthan.
----Appellant
Versus
State of Rajasthan through PP
----Respondent
For Appellant(s) : Mr.Vikram Singh Rajpurohit, Adv.
For Respondent(s) : Mr.Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/12/2021
Heard.
Admit. Issue notice. Call for the record.
Learned Public Prosecutor accepts notice on behalf of the
respondent-State.
Heard learned counsel for the appellant and learned public
prosecutor on Application for Suspension of Sentence No.
801/2021.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, this court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused-
appellant.
Accordingly, the bail application filed by the appellant under
Sec.389 Cr.P.C. is allowed and it is ordered that the substantive
(2 of 3) [CRLAS-1196/2021]
sentence passed by the learned Special Judge, (Prevention of
Corruption Act) No.1, Jodhpur vide judgment dated 23.11.2021 in
Criminal Case No.22/2013 against the accused-appellant
Chandrapal S/o Sh. Heeraram shall remain suspended till final
disposal of the aforesaid appeal subject to depositing the fine
amount. The appellant shall be released on bail 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 before this court on 10.01.2022 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. That similarly, if the sureties change their
addresses, they will give in writing their
changed address to the trial Court.
4. That the appellant shall deposit the fine
amount as directed by 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
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
accused-appellant does not not appear before the trial court, the
(3 of 3) [CRLAS-1196/2021]
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MANOJ KUMAR GARG),J
79-NK/-
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