Nagu Ram vs State Of Rajasthan
2021 Latest Caselaw 9549 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 414/2021

1. Nagu Ram S/o Mangla Ram, Aged About 45 Years, R/o Kurdaya Police Station Merta City, Dist. Nagaur. (At Present Lodged In Sub Jail, Merta).

2. Chandraa Ram S/o Mangla Ram, Aged About 42 Years, R/ o Kurdaya Police Station Merta City, Dist. Nagaur. (At Present Lodged In Sub Jail, Merta).

----Appellants Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Tarun Dhaka - on video call For Respondent(s) : Mr. Sudheer Tak PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

25/05/2021

Heard. Admit.

Heard on application of suspension of sentence

No.315/2021.

Upon a consideration of the arguments advanced on behalf

of the appellants and having regard to the facts and circumstances

of the case, appellants were on bail during the trial, 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 Sessions Judge, Merta, vide judgment dated 07.04.2021 in Sessions Case No.09/2010 against the appellant-applicants 1.Nagu Ram S/o Mangla Ram and 2.Chandraa Ram S/o Mangla Ram shall remain

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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/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 02/07/2021 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. Appellant 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 33-Anshul/-

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