Rajasthan High Court - Jodhpur
Jiwanlal vs State Of Rajasthan on 1 June, 2021
Bench: Manoj Kumar Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 478/2021
Jiwanlal S/o Bagdiram Meena, Aged About 32 Years, R/o
Rajukheda, Police Station Chotisadri, District Pratapgarh
(Rajasthan).
----Appellant
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr. N.K. Gurjar, through V.C.
For Respondent(s) : Mr. S.S. Rajpurohit, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
(VACATION JUDGE)
Order
01/06/2021
Heard.
Admit.
Call for record.
Heard learned counsel for the appellant through video call
and learned Public Prosecutor on application for suspension of
sentence No.339/2021.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, this Court is of the opinion that it is a fit case for
suspending the substantive sentences awarded to the accused
appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentences passed by the learned District & Sessions
Judge, Pratapgarh, vide judgment dated 01.04.2021 in Sessions
(2 of 2) [CRLAS-478/2021]
Case No.72/2020 against the applicant Jiwanlal S/o Bagdiram
Meena, shall remain suspended till final disposal of the aforesaid
appeal and he shall be released on bail subject to deposit the fine
amount as imposed by the learned trial Court, 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 in this court on 01.07.2021 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
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 to
the trial Court.
4. Appellant shall deposit the fine amount as
imposed by the learned 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.
(MANOJ KUMAR GARG), VJ
51-Ishan/-
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