Rajasthan High Court - Jodhpur
Prathvi Ram vs State Of Rajasthan on 8 July, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Criminal Misc. Suspension of Sentences Application
No.17/2020
IN
S.B. Criminal Appeal No. 26/2020
Prathvi Ram S/o Udaram, by caste Nayak, Aged about 32 years,
Resident of Takhathzara Bawriyan, P.S. Sadulshahar, At present
R/o Chak 3-O, P.S. Kesrisinghpur, District Sri Ganganagar (Raj.)
[Appellant is at present lodged in Sub-Jail, Karanpur, Dist.
Sri Ganganagar (Raj.)]
----Petitioner
Versus
State Of Rajasthan through P.P.
----Respondent
For Petitioner(s) : Mr. Kishan Bansal
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
08/07/2021
Heard learned counsel for the appellant-applicant and the
learned Public Prosecutor and perused the judgments of the courts
below.
The appellant-applicant is in custody from 01.05.2017 and
he has suffered more than 4 years imprisonment from the
maximum of 10 years awarded to him by the trial court for the
offence under Section 307 of the IPC, Hearing of the appeal is
unlikely in the near future. As per the impugned judgment, the
applicant-appellant does not have any criminal antecedents.
(2 of 3)
In this background, and having regard to the overall facts
and circumstances of the case, that there are valid and justified
grounds for enlarging the appellant-applicant on bail during
pendency of the appeal.
Accordingly, the instant application for suspension of
sentences is allowed and it is ordered that the sentences passed
by the learned Addl. Sessions Judge, Srikaranpur, District Sri
Ganganagar in Sessions Case No.10/2017 (CIS No.18/2017) vide
order dated 07.12.2019 against the appellant-applicant Prathvi
Ram S/o Udaram, 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
revision 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
(3 of 3)
accused-applicant(s) was/were 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 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
10-Mamta/Devesh/-
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