Rajasthan High Court - Jodhpur
Vinod Kumar vs State on 20 December, 2021
Bench: Sandeep Mehta, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc II Suspension Of Sentence Application
(Appeal) No. 886/2021
Vinod Kumar S/o Rohtash aged 38 years R/o Mukharji Nagar,
Hanumangarh Town, Hanumangarh.
[At present lodged in Central Jail, Bikaner]
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Shreekant Verma
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG (In Charge)
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE SAMEER JAIN
Order
20/12/2021
The appellant, who was on bail in the appeal, did not appear
before the trial court in terms of the order of suspension of
sentences whereupon, warrant of arrest was issued against him.
He has been arrested and was produced in the Court on
14.12.2021. This Court directed that the accused appellant shall
be sent to the judicial custody.
Now, this application for suspension of sentences has been
moved on behalf of the appellant. It is stated in the application for
suspension of sentences that the appellant's wife is paralyzed and
thus, he could not appear before the trial court to mark presence
in the month of January, 2021.
(2 of 3) [SOSA-886/2021]
In this view of the matter, we are inclined to give one more
opportunity to the appellant to pursue this appeal while being on
bail.
Accordingly, the instant second application for suspension of
sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by the Additional Sessions
Judge (Fast Track), No.1, Hanumangarh, vide judgment dated
17.03.2011 in Sessions Case No.08/2010 against the appellant-
applicant Vinod Kumar, shall remain suspended till final disposal
of the aforesaid appeal and he shall be released on bail, provided
he executes a personal bond in the sum of Rs.50,000/- with a
surety in the like amount to the satisfaction of the learned trial
Judge for his appearance in this court 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.
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
(3 of 3) [SOSA-886/2021]
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(SAMEER JAIN),J (SANDEEP MEHTA),J
Devesh/-
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