Rajasthan High Court - Jodhpur
Ashok Kumar vs State on 25 March, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc 2nd Suspension Of Sentence Application
(Appeal) No. 505/2018
Ashok Kumar S/o Shyam Lal, B/c Kamboj R/o Khuban P.s.
Bahavvala, Panjab. Lodged At Central Jail Sri Ganganagar
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Vipin Mankad.
For Respondent(s) : Mr. B.R. Bishnoi, AGC.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
25/03/2021
Heard learned counsel representing the applicant appellant
and the learned Public Prosecutor. Perused the impugned
judgment and the material available on record.
The appellant applicant herein stands convicted vide
judgment dated 20.09.2016 passed by the learned Additional
Sessions Judge, Sangariya, District Hanumangarh in Sessions
Case No.07/2016 and has been sentenced to maximum
imprisonment of ten years.
The applicationd for suspension of sentences filed on behalf
of the co-accused Prakash Singh, Jagseer Singh and Sahil have
been accepted by this Court. The appellant has suffered custodial
incarceration for more than 5 years.
In this background and, having considering the facts and
circumstances as available on the record, it is considered just and
(2 of 3) [SOSA-505/2018]
proper to suspend the sentences awarded to the appellant, during
pendency of the appeal.
Accordingly, the instant second application for suspension of
sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by the Additional Sessions
Judge, Sangariya, District Hanumangarh, vide judgment dated
20.09.2016 in Sessions Case No.07/2016 against the appellant-
applicant Ashok Kumar, shall remain suspended till final disposal
of the aforesaid appeal and he shall be released on bail, provided
he executes a personal bond in the sum of Rs.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 26.04.2020 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.
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
(3 of 3) [SOSA-505/2018]
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(SANDEEP MEHTA),J
136-Tikam/-
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