Rajasthan High Court - Jodhpur
Pawan Nath vs State Of Rajasthan on 6 July, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 295/2021
Pawan Nath S/o Sh. Kirsan Nath, Aged About 21 Years, R/o
Jakharawali, P.s. Pilibanga, Dist. Hanumangarh. (At Present
Lodged In District Jail, Hanumangarh).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shardul Singh.
For Respondent(s) : Mr. Mohd. Javed, PP.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
06/07/2021
Heard learned counsel representing the applicant appellant
and the learned Public Prosecutor. Perused the impugned
judgment and the material available on record.
The appellant applicant herein stands convicted for the
offences under Sections 395, 397 and 120B IPC IPC vide
judgment dated 18.12.2020 passed by the learned Additional
Sessions Judge, No.2, Hanumangarh in Sessions Case
No.124/2017 and has been sentenced to maximum imprisonment
of seven years.
The case of the present appellant is in no manner
distinguishable from that of co-convict Jaswant, Rakesh, Rajendra
Kumar, Naveen Kumar, Ravi Kumar and Anil Kumar @ Deepu
whose bail applications have been accepted by this Court vide
(2 of 3) [SOSA-295/2021]
order dated 24.03.2021. Some of these accused persons had
criminal antecedents as well.
In this background and, having considering the facts and
circumstances as available on the record, it is considered just and
proper to suspend the sentences awarded to the appellant, during
pendency of the appeal.
Accordingly, the instant application for suspension of
sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by the Additional Sessions
Judge, No.2, Hanumangarh, vide judgment dated 18.12.2020 in
Sessions Case No.124/2017 against the appellant-applicant
Pawan Nath, shall remain suspended till final disposal of the
aforesaid appeal and he shall be released on bail, 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 09.08.2021 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That he/she/they will appear before the trial Court
in the month of January of every year till the appeal is
decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their changed address to the trial Court as
well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s),
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-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were tried and convicted. A copy of this
order shall also be placed in that file for ready reference. Criminal
(3 of 3) [SOSA-295/2021]
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 applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(SANDEEP MEHTA),J
114-Tikam/-
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