Rajasthan High Court - Jodhpur
Shaitan Ram vs State Of Rajasthan on 12 July, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 573/2021
Aaidan Ram S/o Sh. Dungar Ram, Aged About 42 Years, Adarsh
Colony, P.s. Bhopalgarh, Dist. Jodhpur. (At Present Lodged In
Central Jail, Jodhpur)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application No.
402/2021
IN
S.B. Criminal Appeal (Sb) No. 574/2021
1. Shaitan Ram S/o Suraj Mal,
Aged About 40 Years, Adarsh
Colony, P.s. Bhopalgarh, Dist.
Jodhpur.
2. Gyan Prakash S/o Dungar Ram,
Aged About 46 Years, Adarsh
Colony, P.s. Bhopalgarh, Dist.
Jodhpur.
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. RS Choudhary
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/07/2021
Criminal Appeal No. 573/2021:-
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
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Admit.
Call for the record. Requisition be given 'dasti' to counsel for
the appellant.
List as soon as the record is received.
Criminal Appeal No. 574/2021:-
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Heard learned counsel for the parties.
Counsel for the appellant(s) submits that the maximum
sentence awarded to the appellant(s) is of three years' simple
imprisonment and that has already been suspended temporarily
for a limited period by the learned court below itself, thus, prayed
to suspend their sentence awarded.
Learned PP opposed the bail application.
Having considered facts and circumstances of the case and
substantial grounds in the appeal, this Court is of the opinion that
there are strong grounds for challenging the judgment of
conviction and as hearing of the appeal will take time, this Court is
inclined to suspend the sentences awarded to the appellant.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s - (1) Shaitan Ram S/o Suraj Mal & (2) Gyan Prakash S/o
Dungar Ram by the learned Sessions Judge, Jodhpur vide
his judgment dated 07.07.2021 in Sessions Case
No.157/2013 (377/2014) shall remain suspended till final
disposal of aforesaid appeal provided each of them execute a
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personal bond for a sum of Rs.50,000/- along with two solvent
sureties in the sum of Rs.25,000/- each to the satisfaction of the
learned trial court for their appearance before this Court on
16.08.2021 and whenever called upon to do so till the disposal of
the appeal on the conditions inidcated 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(s) 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
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.
(DR.PUSHPENDRA SINGH BHATI),J.
106-107-/Jitender/Sanjay/-
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