Rajasthan High Court - Jodhpur
Chiman Singh vs State Of Rajasthan on 2 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 122/2021
Chiman Singh S/o Bhagwan Singh, Aged About 48 Years, R/o 12
Lps, Chhota Lalpura, Police Station Sameja Kothi, Tehsil
Raisinghnagar, Dist. Sri Ganganagar.
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Rajendra Singh Charan
For Respondent(s) : Mr. Sharwan Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
02/02/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
State. Hence, notice need not be issued.
Call for the record.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.98/2021.
The sentence of the appellant has been suspended by
learned court below temporarily.
Learned Public Prosecutor opposes the application.
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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. Suspension of Sentence (Appeal) No.
98/2021 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 21.01.2021 in Sessions Case No.28/2014 (CIS
No.03/2014) against applicant-appellant Chiman Singh S/o
Bhagwan Singh 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 02.03.2021 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-
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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.
133-Sudheer/-
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