Rajasthan High Court - Jodhpur
Lakhsingh vs State Of Rajasthan on 16 July, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 434/2021
1. Lakhsingh S/o Dhramsing, Aged About 40 Years, R/o
Mermandwada, P.s. Kalandari, Dist. Sirohi.
2. Govind Singh S/o Khimsingh, Aged About 22 Years, R/o
Mermandwada, P.s. Kalandari, Dist. Sirohi.
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. B.S. Rathore
For Respondent(s) : Mr. Mahipal Bishnoi PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
16/07/2021
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 and perused the
record.
In Appeal :
Admit.
Since learned Public Prosecutor is already appearing on
behalf of the sole respondent-State, therefore, notice need not be
issued.
Call for the record.
In SOS(A) No.329/2021:
Learned counsel for the accused applicants-appellants
submits that the sentence awarded to the accused applicants-
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appellants has already been suspended temporarily by the learned
trial court.
Learned P.P. opposes the suspension of sentence of the
appellant.
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 applicants-
appellants.
Accordingly, S.B. Criminal Suspension of Sentence/ Bail
No.329/2021 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 07.04.2021 in Case No.36/2020 (C.I.S.
No.36/2020) against applicants-appellants (1) Lakhsingh S/o
Dhramsing and (2) Govind Singh S/o Khimsingh shall remain
suspended till final disposal of the aforesaid appeal, provided each
of them execute, on or before 08.08.2021, 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 their appearance in
this Court on 16.08.2021 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants change the place of
residence, they will give in writing 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,
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-appellants in a separate file. Such file be registered
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as Criminal Misc. Case related to original case in which the
accused-appellants 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-appellants do 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.
2-SKant/-
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