Lala Ram vs State Of Rajasthan
2021 Latest Caselaw 9649 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 415/2021

1. Lala Ram S/o Pokar Ram, Aged About 40 Years, By Caste Jat, R/o Nakkodesar, Tehsil Loonkaransar, District Bikaner. (Presently Lodged In Central Jail, Bikaner).

2. Akha Ram S/o Pokar Ram, Aged About 48 Years, By Caste Jat, R/o Nakkodesar, Tehsil Loonkaransar, District Bikaner. (Presently Lodged In Central Jail, Bikaner).

----Appellants Versus State Of Rajasthan, Through P.p.

----Respondent

For Appellant(s) : Mr. J.S. Choudhary, Sr. Advocate assisted by Mr. Pradeep Choudhary, through V.C.

For Respondent(s) : Mr. Mool Singh Bhati, PP.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG (VACATION JUDGE)

Order

01/06/2021

Heard. Admit. Call for record.

Heard learned counsel for the appellants through video call and

learned Public Prosecutor on application for suspension of sentence

No.316/2021.

Upon a consideration of the arguments advanced on behalf of

the appellants 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

appellants.

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 Addl. Sessions Judge

(2 of 2) [CRLAS-415/2021]

No.5, Bikaner, vide judgment dated 09.04.2021 in Criminal Orignal

Case No.22/2020 (192/2013) against the applicants (1) Lala Ram

S/o Pokar Ram & (2) Akha Ram S/o Pokar Ram, shall remain

suspended till final disposal of the aforesaid appeal and they shall be

released on bail subject to deposit the fine amount as imposed by

the learned trial Court, provided they execute a personal bond in the

sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- each to

the satisfaction of the learned trial Judge for their 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. Appellants 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 42-Ishan/-

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