Rajasthan High Court - Jodhpur
Badri Lal vs State Of Rajasthan on 21 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 955/2021
Badri Lal S/o Dunga Ram, Aged About 29 Years, resident of
Chokdi PS Relmagra Dist. Rajsamand.
(At Present Lodged In Sub Jail, Salumbar).
----Appellant
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr.Jitendra Ojha, Adv.
For Respondent(s) : Mr.Mool Singh Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
21/10/2021
Heard.
Admit. Issue notice. Call for the record.
Learned Public Prosecutor accepts notice on behalf of the
respondent-State.
Heard learned counsel for the appellant and learned public
prosecutor on Application for Suspension of Sentence
No.653/2021.
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 bail application filed by the appellant under
(2 of 3) [CRLAS-955/2021]
Sec.389 Cr.P.C. is allowed and it is ordered that the substantive
sentence passed by the learned Additional Sessions Judge,
Salumbar, Distt. Udaipur vide judgment dated 30.09.2021 in
Sessions Case No.114/2012 against the accused-appellant Badri
Lal S/o Dunga Ram shall remain suspended till final disposal of the
aforesaid appeal subject to depositing the fine amount. The
appellant shall be released on bail provided he executes 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
his appearance before 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 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. That similarly, if the sureties change their
addresses, they will give in writing their
changed address to the trial Court.
4. That the appellant shall deposit the fine
amount as directed by 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
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
(3 of 3) [CRLAS-955/2021]
accused-appellant does not 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
12-NK/-
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