Rajasthan High Court - Jodhpur
Kanaram vs State Of Rajasthan on 21 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 633/2021
1. Kanaram S/o Shri Girdhari Ram, Aged About 45 Years, B/
c Jat, R/o Dangiyawas, Police Station Dangiyawas, District
Jodhpur. (Presently Lodged At Central Jail, Jodhpur)
2. Shri Rajuram S/o Shri Chhogaram, Aged About 33 Years,
B/c Jat, R/o Dangiyawas, Police Station Dangiyawas,
District Jodhpur. (Presently Lodged At Central Jail,
Jodhpur)
3. Munnaram S/o Shri Kisnaram, Aged About 46 Years, B/c
Meghwal, R/o Dangiyawas, Police Station Dangiyawas,
District Jodhpur. (Presently Lodged At Central Jail,
Jodhpur)
4. Kaluram @ Bhakarram S/o Shri Heera Ram, Aged About
48 Years, B/c Jat, R/o Dangiyawas, Police Station
Dangiyawas, District Jodhpur. (Presently Lodged At
Central Jail, Jodhpur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dhirendra Singh
For Respondent(s) : Mr. Laxman Solanki, PP assisted by
Mr. Avinash Godara
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
21/10/2021
Heard learned counsel for the appellants and learned Public
Prosecutor.
Learned counsel for the appellants submits that during the
trial appellants were on bail and similarly situated co-accused
(2 of 3) [SOSA-633/2021]
Siddharam was granted bail by this court and the case of the
present appellants is similar to him.
Upon a consideration of the arguments advanced on behalf
of the appellants 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 sentences awarded to the accused
appellant.
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 Additional District & Sessions
Judge No.4, Jodhpur Metropolitan, vide judgment dated
18.09.2021 in Sessions Case No.188/2012(Original Registration
No.143/10) against the applicants 1. Kanaram S/o Shri Girdhari
Ram 2. Shri Raju Ram S/o Shri Chhogaram 3. Munnaram S/o Shri
Kishna Ram & 4. Kalu Ram @ Bhakarram S/o Shri Heera Ram,
shall remain suspended till final disposal of the aforesaid appeal
and they will 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/- each with
two sureties of Rs.50,000/- each to the satisfaction of the learned
trial Judge for their 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.
(3 of 3) [SOSA-633/2021]
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
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
178-priyal/-
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