Suresh vs State
2021 Latest Caselaw 2455 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 195/2020

Suresh S/o Bhanwar Lal, Aged About 30 Years, By Caste Jat, Resident Of Balaya, District Nagaur (Raj.). (Confined In District Jail, Nagaur).

                                                                  ----Petitioner
                                   Versus
State, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Vineet Jain
For Respondent(s)        :     Mr. Mohd. Javed Gauri, P.P.

Mr. Nishant Bora, for the complainant

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

29/01/2021

Heard learned counsel for the parties on S.B. Criminal

Suspension of Sentence Application No.195/2020.

Learned counsel for the appellant has submitted that

appellant has wrongly been convicted by the trial court without

there being sufficient evidence against him. It is further submitted

that out of ten years of sentence awarded to the appellant by the

trial court, he has already undergone six years of sentence. It is

also submitted hearing of the appeal is likely to take time.

Learned Public Prosecutor as well as counsel for the

complainant have vehemently opposed the bail application.

Having considered the totality of facts and circumstances of

the case, I consider it just and proper to suspend the substantive

sentence awarded to the accused appellant.

                                                 (2 of 3)                       [SOSA-195/2020]


        Accordingly,        S.B.     Criminal         Suspension               of   Sentence

Application No.195/2020 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 18.12.2017 in Sessions Case

No.203/2015 against appellant Suresh S/o Bhanwar Lal 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 01.03.2021

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

(3 of 3) [SOSA-195/2020]

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.

(VIJAY BISHNOI),J

93-Taruna/-

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