Balkar Singh vs State Of Rajasthan
2021 Latest Caselaw 9634 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 183/2021

1. Balkar Singh S/o Darsan Singh, Aged About 38 Years, By Caste Jat Sikh, R/o Chota Lalpura, Police Station Rai Singh Nagar, District Shri Ganganagar. (At Present Lodged At Jail In Sriganganagar).

2. Darsan Singh S/o Mehar Singh, Aged About 71 Years, By Caste Jat Sikh, R/o Chota Lalpura, Police Station Rai Singh Nagar, District Shri Ganganagar. (At Present Lodged At Jail In Sriganganagar).

3. Bilordin S/o Mithu Kha, Aged About 66 Years, By Caste Musalman, R/o Sardargarh, Police Station Suratgarh, District Shri Ganganagar. (At Present Lodged At Jail In Sriganganagar).

----Appellants Versus State Of Rajasthan, Through P.p.

----Respondent

For Appellant(s) : Mr. HSS Kharlia, Sr. Adv. assisted by Dr. RDSS Kharlia, through VC For Respondent(s) : Mr. SS Rajpurohit, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG (VACATION JUDGE)

Order

31/05/2021

Heard. Admit.

Heard on application for suspension of sentence

No.162/2021.

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

(2 of 3) [CRLAS-183/2021]

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 sentence passed by the learned Additional Sessions

Judge, Anupgarh vide judgment dated 27.01.2021 in Sessions

Case No.37/2011 against the appellant-applicants (1) Balkar

Singh S/o Darsan Singh, (2) Darsan Singh S/o Mehar Singh (3)

Bilordin S/o Mithu Kha, shall remain suspended till final disposal of

the aforesaid appeal and he shall be released on bail subject to

deposit the fine amount as imposed by the learned trial Court,

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 30.06.2021 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

(3 of 3) [CRLAS-183/2021]

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), VJ 36-nidhi/-

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