Citation : 2021 Latest Caselaw 2509 Raj
Judgement Date : 29 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1022/2020
Ranaram S/o Shri Narayanlal, Aged About 46 Years, r/o
Sardarsamand, Police Station Shivpura, District Pali. (Presently
Lodged At Central Jail, Jodhpur).
----Appellant
Versus
State, Through P.p.
----Respondent
For Appellant(s) : Mr. HS Bishnoi
For Respondent(s) : Mr.SK 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 the sentences
of the appellant is of five years and has already undergone the
custody of about three years and five months.
Learned counsel for the petitioner further submits that there
are no previous antecedents of the present petitioner.
Learned P.P. opposes the suspension of sentence of the
appellant.
Heard learned counsel for the parties and perused the
record.
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.
835/2020 filed under Sec.389 Cr.P.C. is allowed and it is ordered
(Downloaded on 30/01/2021 at 08:36:33 PM)
(2 of 2) [CRLAS-1022/2020]
that the substantive sentence passed by the trial court vide
judgment dated 18.08.2020 in Sessions Criminal Case No.73/2018
against applicant-appellant Ranaram S/o Shri Narayanlal 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
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
73-Sudheer/-
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