Rajasthan High Court - Jodhpur
Kishan Lal @ Logar @ Kanna vs State Of Rajasthan on 29 July, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 2nd Suspension Of Sentence Application
(Appeal) No. 243/2021
Kishan Lal @ Logar @ Kanna S/o Sava Ji Gayri, Aged About 50
Years, R/o Shambhupura, P.S. Vallabhnagar, Dist. Udaipur.
(Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr.D.S.Udawat, Adv.
For Respondent(s) : Mr.Laxman Bishnoi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
29/07/2021
This is the second application under Section 389 Cr.P.C. for
suspension of sentence. The first bail application of the appellant
was dismissed as not pressed vide order dated 26.11.2018.
Heard learned counsel for the appellant as well as learned
public prosecutor and gone through the record.
Having considered the totality of facts and circumstances of
the case and keeping in view the fact that the appellant is in
custody since 16.02.2017 and hearing of the appeal will take a
sufficient long time, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, the present bail application filed by the appellant
under Sec.389 Cr.P.C. is allowed and it is ordered that the
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substantive sentence passed by the learned Additional Sessions
Judge (Women Atrocities Cases), Udaipur vide judgment dated
12.09.2018 in Sessions Case No.31/2017 (CI.S. No.31/2017)
against the accused-appellant Kishan Lal @ Logar @ Kanna S/o
Sava Gayri shall remain suspended till final disposal of the
aforesaid appeal subject to depositing the fine amount. The
appellant shall be released on bail provided he executes a
personal bond in the sum of Rs.1,00,000/- with two sureties of
Rs.50,000/- each to the satisfaction of the learned trial Judge for
his appearance before this court on 01.09.2021 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. That similarly, if the sureties change their
addresses, they will give in writing their
changed address to the trial Court.
4. That the appellant shall deposit the fine
amount as directed by 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
accused-appellant does not not appear before the trial court, the
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learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MANOJ KUMAR GARG),J
48-NK/-
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