Rajasthan High Court - Jodhpur
Anil Kumar @ Deepu vs State Of Rajasthan on 24 March, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 265/2021
Jaswant S/o Sohanlal, Aged About 30 Years, R/o Jakhadawali,
P.s. Pilibanga, Dist. Hanumangarh. (At Present Lodged In Central
Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 16/2021
Rakesh S/o Sh. Lalchand, Aged About 28 Years, By Caste
Kasaniya Jat, R/o Jakhdawali, Police Station Pilibanga, District
Hanumangarh (Raj.). (Presently Lodged In District Jail
Hanumangarh).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 94/2021
Rajendra Kumar S/o Sh. Krishan Ram, Aged About 27 Years, R/o
Ward No. 1, Goluwala, Singhagan, Police Station Goluwala,
Hanumangarh (Raj.). (Presently Lodged In District Jail,
Hanumangarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 95/2021
Naveen Kumar S/o Sh. Rajendra Kumar, Aged About 24 Years,
B/c Jat, R/o Village Chohilawali, Police Station Hanumangarh
Junction, Dist. Hanumangarh (Raj.). (Presently Lodged In
District Jail, Hanumangarh).
----Petitioner
(2 of 4) [SOSA-265/2021]
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 151/2021
Ravi Kumar S/o Sh. Surja Ram @ Bhoop, Aged About 30 Years,
R/o Jakharanwali, P.s. Pilibanga, Dist. Hanumangarh. (At Present
Lodged In District Jail, Hanumangarh).
----Petitioner
Versus
State, Through Pp
----Respondent
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 152/2021
Anil Kumar @ Deepu S/o Badriprasad, Aged About 27 Years, R/o
Jakharanwali, P.s. Pilibanga, Dist. Hanumangarh. (Lodged At
Central Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pradeep Shah
Mr. I.R. Choudhary
Mr. Vineet Jain
Mr. Pradeep Choudhary
For Respondent(s) : Mr. Gaurav Singh, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
24/03/2021
Heard learned counsel for the parties on the suspension of
sentence applications (appeal).
Learned counsel for the applicant-appellants have submitted
that the trial court has erred in convicting and sentencing the
(3 of 4) [SOSA-265/2021]
accused-appellants for the offences punishable under Sections
395, 397, 120B and 412 IPC. It is also submitted that the trial
court has not appreciated the evidence produced by the parties in
proper perspective. It is further submitted that the applicant-
appellants were in custody for different durations. It is also
submitted that the appeals preferred by them against the
impugned judgment are not likely to be heard in near future,
therefore, the sentence awarded to the appellants be suspended
till pendency of the appeals.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
Having considered the totality of facts and circumstances of
the case, I consider it just and proper to suspend the substantive
sentence awarded to the accused-appellants.
Accordingly, these suspension of sentence applications
(appeal) filed under Section 389 Cr.P.C. are allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 18.12.2020 in Case No.124/2017 against
appellants - Jaswant S/o Sohanlal, Rakesh S/o Lalchand, Rajendra
Kumar S/o Krishan Ram, Naveen Kumar S/o Rajendra Kumar, Ravi
Kumar S/o Surja Ram @ Bhoop and Anil Kumar @ Deepu S/o
Badriprasad shall remain suspended till final disposal of the
aforesaid appeals, provided each of them executes a personal
bond in a sum of Rs.50,000/- with two sureties of Rs.25,000/-
each to the satisfaction of the learned trial Judge for their
appearance in this court on 06.05.2021 and whenever ordered to
do so, till the disposal of the appeals on the conditions indicated
(4 of 4) [SOSA-265/2021]
below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants changes the place of
residence, they will give in writing 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,
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-appellants in a separate file. Such file be registered
as Criminal misc. Case related to original case in which the
accused-appellants 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 appellants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(VIJAY BISHNOI),J
203-208-akash/-
Powered by TCPDF (www.tcpdf.org)
