Rajasthan High Court - Jodhpur
Dhul Ji vs State Of Rajasthan on 22 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 180/2021
1. Dhul Ji S/o Sh. Kaliya, Aged About 26 Years, R/o Village
Sevana, P.s.kotwali Banswara, Dist. Banswara (Raj.).
(Presently Lodged In Central Jail, Udaipur).
2. Sukh Lal @ Hukla S/o Sh. Prabhu Lal, Aged About 26
Years, R/o Village Sevana, P.s.kotwali Banswara, Dist.
Banswara (Raj.). (Presently Lodged In Central Jail,
Udaipur).
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. S. S. Rajpurohit, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
22/03/2021
Heard on application of suspension of sentence
No.156/2021.
Learned counsel for the appellants submits that during the
trial appellants were on bail.
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 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 sentences passed by the learned Additional Sessions
Judge, Banswara vide judgment dated 27.01.2021 in Sessions
Case No.45/2016 (CIS No. 58/2016) against the appellants-
applicants (1) Dhul Ji S/o Sh. Kaliya and (2) Sukh Lal @ Hukla S/o
(2 of 2) [CRLAS-180/2021]
Shri Prabhu Lal shall remain suspended till final disposal of the
aforesaid appeal subject to the condition that the appellants shall
deposit the fine amount as imposed by the learned trial Court and
they will be released on bail, 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 22.04.2021 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
116-nidhi/-
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