Rajasthan High Court - Jodhpur
Arjun vs State on 17 December, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Appli No. 385/2021
IN
S.B. Criminal Misc. Second Bail Application No.333/2021
IN
S.B. Criminal Appeal No.83/2014
Arjun S/o Sri Shankar Lal, Aged About 38 Years, By Caste Garg,
R/o Matora, Osia Police Station, District Jodhpur.
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. B. Ray Bishnoi
For Respondent(s) : Mr. Arun Kumar, Public Prosecutor
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/12/2021
The cases comes up on application seeking extension of
interim bail.
This Court passed following order on 07.05.2021 in S.B.
Criminal Misc. Suspension of Sentence Application (Appeal)
No.321/2021, which reads as follows :-
"In the wake of second surge in the COVID-19 cases, the
Court is functioning virtually and abundant caution is being
maintained for the safety of all concerned.
This Court passed the following order on 05.05.2021:-
` In the wake of second surge in the COVID-19 cases, the Court
is functioning virtually and abundant caution is being maintained for
the safety of all concerned. The matter comes up on temporary
suspension of sentence, which has become infructuous on count of
the marriage in question having already happened. Accordingly, the
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present application is dismissed as having become infructuous.
However, Superintendent of Jail, Jodhpur present before this Court
alongwith the learned Public Prosecutor makes a categorical
statement that the petitioner's sentence shall be over on 26.06.2021
and if he deposits the find, he shall be entitled to be released on that
day. Learned counsel for the petitioner however submits that the
custody period of the petitioner was over in December, 2020 itself.
Taking note of the aforesaid facts, let the matter be listed tomorrow
with a liberty to the petitioner to move an interim bail application.
List tomorrow i.e. 06.05.2021.
Today, the matter comes up on temporary suspension of
sentence application no.333/2021.
From the statement made by the Superintendent of Jail,
Jodhpur on 05.05.2021 before this Court, this Court deems it just
and proper to suspend the sentence of applicant / appellant is
suspended temporarily for a period of eight months from the date of
his actual release.
Accordingly, the application for temporary suspension of
sentence no.333/2021 is allowed and it is ordered that the sentence
of applicant(s) Arjun S/o Sh. Shanker Lal shall remain suspended for
a period of eight months from the date of his actual release on usual
conditions provided that he executes a personal bond of Rs.50,000/-
alongwith two sureties in the sum of Rs.25,000/- each to the
satisfaction of learned trial court. The applicant shall surrender
himself before the Superintendent, Central Jail, Jodhpur the morning
of next day of completion of eight months from the date of his actual
release. The said conditions be incorporated in the bonds also.
List for compliance before this Court on 27.01.2022. "
For the same reasons stated in the aforesaid order, the same
is allowed and it is ordered that the substantive sentence passed
by the trial court vide judgment dated 27.01.2014 in Sessions
Case No.03/2008 against applicant-appellant Arjun S/o Sh.
Shanker Lal shall remain suspended till disposal of the 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
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learned trial Judge for his appearance in this court on 25.01.2022
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. 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
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.
120-nirmala/Sanjay
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