Rajasthan High Court - Jodhpur
Kewalram vs State Of Rajasthan on 16 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 268/2021
1. Kewalram S/o Shri Tulcharam, Aged About 51 Years, R/o
Dungarpur, P.s. Rohat, Dist. Pali, Rajasthan.
2. Andapuri S/o Sh. Arjun Puri @ Amarpuri, Aged About 50
Years, R/o Dungarpur, P.s. Rohat, Dist. Pali, Rajasthan.
3. Madanlal S/o Sh. Punaram, Aged About 47 Years, R/o
Dungarpur, P.s. Rohat, Dist. Pali, Rajasthan.
4. Mishraram S/o Sh. Mangilal, Aged About 24 Years, R/o
Dungarpur, P.s. Rohat, Dist. Pali, Rajasthan.
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Vikram Singh Bhati
For Respondent(s) : Mr. S.K. Bhati, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
16/03/2021
Learned counsel for the petitioner submits that he has
already filed the Index. He further submits that sentence of the
appellants had already been suspended by the trial Court.
In submissions made by the counsel for the petitioner,
defects pointed out by the Office is hereby waived.
Heard.
Admit.
Call for record.
Heard learned counsel for the appellants and learned Public
Prosecutor on application for suspension of sentence
No.232/2021.
(2 of 3) [CRLAS-268/2021]
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 Special Judge, SC/ST
(Prevention of Atrocities) Cases, Pali, vide judgment dated
10.02.2021 in Sessions Case No.37/2009 against the applicants
(1) Kewalram S/o Shri Tulcharam, (2) Andapuri S/o Shri Arjun Puri
@ Amarpur, (3) Madanlal S/o Shri Punaram & (4) Mishraram S/o
Shri Mangilal, 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 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
(3 of 3) [CRLAS-268/2021]
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
94-Ishan/-
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