Rajasthan High Court - Jodhpur
Dinesh Kumar vs State Of Rajasthan on 2 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1105/2020
1. Dinesh Kumar S/o Sh. Tulsi Ram, Aged About 54 Years,
R/o Jangiwada, Pali, District Pali.
2. Kanti Lal S/o Sh. Tulsi Ram, Aged About 23 Years, R/o
Jangiwada, Pali, District Pali.
3. Mahendra Kumar S/o Tulsi Ram, Aged About 25 Years,
R/o Jangiwada, Pali, District Pali.
4. Ashok S/o Tulsi Ram, Aged About 40 Years, R/o
Jangiwada, Pali, District Pali.
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Kaushal Sharma
For Respondent(s) : Mr. Vikram Sharma, 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.885/2020.
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The sentence of the appellants have been suspended by
learned court below temporarily.
Learned Public Prosecutor opposes the application.
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-appellants.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
885/2020 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 02.12.2020 in Sessions Case No.254/2015
against applicant-appellants (1) Dinesh Kumar S/o Sh. Tulsi
Ram, (2) Kanti Lal S/o Sh. Tulsi Ram, (3) Mahendra Kumar
S/o Tulsi Ram and (4) Ashok S/o Tulsi Ram, shall remain
suspended till final disposal of the aforesaid appeal, provided each
of them execute 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 their 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
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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.
125-Sudheer/-
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