Hinduda Heeda Ram vs State
2021 Latest Caselaw 2498 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 528/2020

Hinduda @ Heeda Ram S/o Hakma, Aged About 21 Years, By
Caste Garasiya, Resident Of Nada Falli Khara, Abu Road Sadar
Police Station, Abu Road, Dist. Sirohi.
                    (Lodged In Central Jail, Sirohi)
                                                                     ----Petitioner
                                    Versus
State of Rajasthan.
                                                                   ----Respondent


For Petitioner(s)         :     Mr. Richin Surana
For Respondent(s)         :     Mr. Shrawan Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

29/01/2021

     In wake of onslaught of COVID-19, abundant caution is being

taken while hearing the matters in Court.

     Heard learned counsel for the parties.

     Learned counsel for the appellant submits that there are no

previous criminal antecedents of the appellant. He further submits

that the appellant is in custody since more than four years. He

also submits that there was no previous animosity, on the

occasion of Holi, there was a sudden altercation.

     Learned   Public     Prosecutor         opposes         the   suspension    of

sentence application but is unable to refute the aforesaid factual

matrix.

     This Court, upon considering the submissions made by

learned counsel for the appellant and perusing the record of the


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case, is inclined to suspend the substantive sentence awarded to

the accused-appellant.

     Accordingly, this S.B. Suspension of Sentence Application

(Appeal) 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        05.07.2019          in    Sessions          Case     No.29/2016

(19/2016) against appellant Hinduda @ Heeda Ram S/o

Hakma 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

not be taken into account for statistical purpose relating to



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                                   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.

60-Zeeshan

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