Rajasthan High Court - Jodhpur
Kalu Ram vs State Of Rajasthan on 28 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 612/2021
Shankar Singh S/o Sh. Gopal Singh, Aged About 40 Years, R/o
Village Lichana, P.s. Kuchaman City, Dist. Nagaur (Raj.).
(Presently Lodged In Central Jail, Ajmer).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh
For Respondent(s) : Mr. Mukesh Trivedi, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/10/2021
Heard learned counsel for the appellant as well as learned
Public Prosecutor.
Learned counsel for the appellant submits that the specific
allegations for using fire arm is against the co-accused Vijender
Singh. Counsel further submits that during the trial accused
appellant was on bail and hearing of the appeal will take sufficient
long time, therefore, the sentence of the appellant may kindly be
suspended.
Learned Public Prosecutor vehemently opposed the prayer
made by the counsel for the appellant.
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
(2 of 3) [SOSA-612/2021]
suspending the substantive sentence 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 learned Addl. Sessions Judge
No.1, Parbatsar, District Nagaur, vide judgment dated 08.09.2021
in Sessions Case No.31/2014 against the appellant-applicant
Shankar Singh S/o Shri Gopal Singh, shall suspended till final
disposal of the aforesaid appeal subject to the condition that the
appellant shall deposit the fine amount as imposed by the learned
trial Court and he will 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 in this court on 29.11.2021 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. Appellant 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
(3 of 3) [SOSA-612/2021]
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 trial Judge shall report the matter to the High
Court for cancellation of bail.
(MANOJ KUMAR GARG),J
259-Ishan/-
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