Kishan vs State Of Rajasthan
2021 Latest Caselaw 7190 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 118/2021

1. Kishan S/o Chiman Kachi Mali, Aged About 35 Years, R/o 78, Kalpur, Ramdeo Ka Lok, Ward No. 26 Kota, Rajasthan, Presently Nayapura Bus Stand, Bdipuliya Ke Neechey, Kota, Rajasthan.

2. Kanhaiyalal S/o Chiman Kachi Mali, aged about 45 years R/o ward No.5 Beej Bhandar, Ravatbhatta, District Chittorgarh.

(Presently Lodged At Central Jail, Chittorgarh).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Umesh kant Vyas For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

15/03/2021

Heard learned counsel for the appellants as well as learned

Public Prosecutor.

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 sentence 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 sentence passed by the learned Additional Session

Judge No.2, Chittorgarh, vide judgment dated 08.12.2020 in

Sessions Case No.34/2014 against the appellant-applicants (1)

(2 of 2) [SOSA-118/2021]

Kishan S/o Shri Chiman Kachi Mali and (2) Kanhaiyalal S/o

Chiman Kachi Mali, 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/- with two sureties of Rs.50,000/- each to the

satisfaction of the learned trial Judge for their appearance in this

court on 16.04.2021 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),J 328-nidhi/-

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