Citation : 2021 Latest Caselaw 8366 Raj
Judgement Date : 25 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 319/2021
Samela Ram S/o Dhana Ram, Aged about - 37 Years, R/o Village Pamera, P.S. Anadara, District - Sirohi.
----Appellant Versus State of Rajasthan
----Respondent
For Appellant(s) : Mr. B.S. Deora For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
25/03/2021
Admit. Issue notice.
Learned Public Prosecutor accepts notice on behalf of
the respondent - State, hence, notice need not be
issued.
Call for the record.
Heard learned counsel for the parties on the
application for suspension of sentences
(260/2021).
Having considered the overall facts and
circumstances of the case and substantial grounds taken
in the appeal, this Court is of the opinion that there are
strong grounds for challenging the judgment of conviction
(2 of 3)
and as hearing of the appeal is likely to take time, this
Court is inclined to suspend the sentences awarded to the
appellant.
Accordingly, the application for suspension of
sentences (260/2021) is allowed and it is directed that
the sentences awarded to appellant - Samela Ram S/o
Dhana Ram by the Sessions Judge, Sirohi by judgment
dated 1.3.2021 shall remain suspended till final disposal
of the appeal provided he executes a personal bond in
the sum of Rs.50,000/- along with two sound and solvent
sureties in the sum of Rs.25,000/- each to the
satisfaction of the trial court for his appearance before
this Court on 26.4.2021 and whenever called upon to do
so till the disposal of the appeal on the conditions
inidcated 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 of 3)
(3) Similarly, if the sureties change their
address(s), they will give in writing their changed
address(s) 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 court, the learned trial Judge shall
report the matter to the High Court for cancellation of
bail.
(VIJAY BISHNOI),J
C/1 ms rathore
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