Rajasthan High Court - Jodhpur
Devaram vs State on 29 January, 2021
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-63/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 63/2020
Devaram S/o Shri Bheekha Ram, Aged About 24 Years, r/o Juna
Patrasar, Police Station Sadar Barmer, Dist. Barmer (Raj.). (At
Present Appellant Is Lodged In Central Jail, Jodhpur).
----Appellant
Versus
State, Through P.p.
----Respondent
For Appellant(s) : Ms. Laxmi Devi
For Respondent(s) : Mr. S.K. Bhati, 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.
Learned counsel for the petitioner submits that that the PW-
4 and PW-5 were close relatives of the victim being real uncle and
aunt, have turned hostile. It is also contended that the petitioner
was major.
Learned counsel for the petitioner further submits that due
to drinking, their injuries might have been caused by falling. It is
also contended that the petitioner is in custody since 03.10.2018.
Learned P.P. opposes the suspension of sentence of the
appellant.
Heard learned counsel for the parties and perused the
record.
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(2 of 3) [CRLAS-63/2020]
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.
60/2020 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 02.12.2019 in Sessions Criminal Case
No.152/2018 against applicant-appellant Devaram S/o Shri
Bheekha Ram 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-
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
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(3 of 3) [CRLAS-63/2020]
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
72-Sudheer/-
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