Satya Narayan Mali vs State Of Rajasthan
2021 Latest Caselaw 15801 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 954/2021

Satya Narayan Mali S/o Sh. Sukha Mali, Aged About 37 Years, resident of Nasarda Shahpura Police Thana Shahpura Dist. Bhilwara. (Sentence Already Suspended).

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

----Respondent

For Appellant(s) : Mr. Jitendra Ojha. For Respondent(s) : Mr. Anees Bhurat, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment / Order

20/10/2021

Heard.

Admit. Learned Public Prosecutor accepts notice on behalf of

the respondent-State. Call for record.

Heard on application for suspension of sentence

No.652/2021.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case, this court is of the opinion that it is a fit case for

suspending the substantive sentence awarded to the accused-

appellant.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the substantive sentences passed by

the Learned Additional Sessions Judge, Shahpura, District

Bhilwara, vide order dated 29.09.2021 in Criminal (Session) Case

No.03/2018 (CIS No.03/2018) against the appellant-applicant

Satya Narayan Mali S/o Sh. Sukha Mali, shall remain suspended

(2 of 2) [CRLAS-954/2021]

till final disposal of the aforesaid appeal and he will be released on

bail subject to deposit the fine amount as imposed by the learned

trial court, provided he executes a personal bond in the sum of

Rs.1,00,000/- each with two sureties of Rs.50,000/- each to the

satisfaction of the learned trial Judge for his appearance in this

court on 22.11.2021 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. The 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

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 Special Judge shall report the matter to the

High Court for cancellation of bail.

(MANOJ KUMAR GARG),J

8-prashant/-

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