Rajasthan High Court - Jodhpur
Somvir vs State on 3 February, 2021
(1 of 2) [CRLAS-134/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 134/2020
Somvir S/o Indraj, Aged About 31 Years, By Caste Dhanak, R/o
Dholiya Tehsil Rajgarh District Churu. (At Present Lodged In Sub
Jail, Rajgarh).
----Appellant
Versus
State of Rajasthan.
----Respondent
For Appellant(s) : Mr. Vikas Bijarnia
For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/02/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Admit.
Issue notice.
Heard learned counsel for the parties on S.B. Criminal Misc.
Suspension of Sentence Application No.155/2020.
Learned counsel for the appellant has drawn attention of this
Court towards the dying declaration of Laxmi (deceased).
Learned Public Prosecutor opposes the suspension of
sentence application.
This Court, upon considering the submissions made by
learned counsel for the appellant and perusing the record of the
case, is inclined to suspend the substantive sentence awarded to
the accused-appellant.
Accordingly, this S.B. Criminal Misc. Suspension of Sentence
Application No.155/2020 filed under Sec.389 Cr.P.C. is allowed and
(Downloaded on 05/02/2021 at 09:01:11 PM)
(2 of 2) [CRLAS-134/2020]
it is ordered that the substantive sentence passed by the trial
court vide judgment dated 09.01.2020 in Sessions Case
No.14/2014 against appellant Somvir S/o Indraj 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 03.03.2021 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-
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.
66-Zeeshan
Powered by TCPDF (www.tcpdf.org)
