Rajasthan High Court - Jodhpur
Bhura Ram vs State Of Rajasthan on 1 July, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 413/2021
Bhura Ram S/o Maga Ji, Aged About 55 Years, Mandar, Police
Station Mandar, District Sirohi, Rajasthan. (At Present Lodged In
Central Jail Jodhpur).
----Appellant
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr. Deepak Chowdhary (through VC)
For Respondent(s) : Mr. Vikram Sharma, PP
For Complainant(s) : Mr. Abhishek Mehta (through VC)
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
01/07/2021
Heard.
Admit. Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.314/2021.
Learned counsel for the appellant has submitted that the
appellant was on bail during the trial.
Learned Public Prosecutor and learned counsel for the
complainant- Mr. Abhishek Mehta have opposed the application for
Suspension of Sentence .
Having considered the overall facts and circumstances of the
(2 of 3) [CRLAS-413/2021]
case and substantial grounds taken 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 is likely to
take time, this Court is inclined to suspend the sentences awarded
to the appellant.
Accordingly, S.B. Suspension of Sentence (Appeal)
No.314/2021 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 08.04.2021 in Sessions Case No.04/2015
against appellant Bhura Ram S/o Maga Ji shall remain suspended
till final disposal of the aforesaid appeal, 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 02.08.2021 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. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
(3 of 3) [CRLAS-413/2021]
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 said
accused-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(VIJAY BISHNOI),J
10-Arun/-
Powered by TCPDF (www.tcpdf.org)
