Rajasthan High Court - Jodhpur
Shushu @ Sushil vs State on 18 November, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 30/2021
Shushu @ Sushil S/o Karmveer, Aged About 30 Years, Desh
Khaira Ps Julana District Jeend (Haryana). (At Present Lodged In
Central Jail Bikaner).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. R.S. Gill
For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/11/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Heard learned counsel for the parties and perused the record
of the case.
Learned counsel for the appellant submits that the sentence
of co-accused have already been suspended, which includes Anil,
Ramesh, Ramavtar and Ravi. Learned counsel further submits that
the appellant has already undergone custody of 7 years and 5
months for sentence of 10 years.
Learned Public Prosecutor opposes the suspension of
sentence application on the count of large list of antecedents of
the appellant.
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This Court, looking into the fact that sentence of co-accused
persons have already been suspended and the prolonged custody
period of the appellant, is inclined to suspend the substantive
sentence awarded to the accused-appellant.
Accordingly, this S.B. Suspension of Sentence Application
(Appeal) filed under Sec.389 Cr.P.C. is allowed and it is ordered
that the substantive sentence passed by the trial court vide
judgment dated 25.05.2017 in Sessions Case No.14/2006 against
appellant Shushu @ Sushil S/o Karmveer shall remain
suspended till final disposal of the aforesaid appeal, 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 20.12.2021 and
whenever ordered to do so, till the disposal of the appeal on the
conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellant changes the place of
residence, he will give in writing his 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-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant was tried and convicted. A copy of this order shall also
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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-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
101-Zeeshan
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