Rajasthan High Court - Jodhpur
Viru Ram vs State on 28 October, 2021
Bench: Manoj Kumar Garg
(1 of 3) [SOSA-148/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 148/2021
1. Viru Ram S/o Shri Munshi Ram, Aged About 80 Years, By
Caste Nayak,
2. Sarwan Ram S/o Shri Khiraj Ram, Aged About 50 Years, By
Caste Nayak,
3. Subhash Chandra S/o Shri Shrawan Ram, Aged About 35
Years, By Caste Nayak,
4. Gulab S/o Shri Deva Ram, Aged About 50 Years, By Caste
Nayak,
5. Makhan Ram S/o Shri Deva Ram, Aged About 28 Years, By
Caste Nayak,
All R/o Chak 20 A P D, Ps Anoopgarh, District Sri Ganganagar,
Rajasthan. (At Present Central Jail Sriganganagar).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. BS Sandhu
For Respondent(s) : Mr. Mool Singh Bhati, PP
Mr. NL Joshi
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/10/2021
Heard learned counsel for the appellants and learned Public
Prosecutor as well as learned counsel for the complainant.
Counsel for the appellants submits that there are cross cases
between the parties and in the cross case, the complainant was
also convicted by the concerned court. Counsel further submits
that all the appellants were on bail during the trial and hearing of
the appeal will take a sufficient long time to be concluded. In
(2 of 3) [SOSA-148/2021]
these circumstances, the sentence of the appellants may be
suspended and they may be released on bail.
Learned Public Prosecutor as well as learned counsel for the
complainant have vehemently opposed the prayed for suspension
of sentence.
Upon a consideration of the arguments advanced on behalf
of the parties 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
appellants.
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, Anoopgarh, Sri Ganganagar, vide judgment dated
30.01.2021 in Session Case No.21/2014 (Computer No.137/2015)
against the applicants (1) Viru Ram S/o Shri Munshi Ram, (2)
Sarwan Ram S/o Shri Khiraj Ram, (3) Subhash Chandra S/o Shri
Shrawan Ram, (4) Gulab S/o Shri Deva Ram & (5) Makhan Ram
S/o Shri Deva Ram, shall remain suspended till final disposal of
the aforesaid appeal and they shall 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/- with two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge for their appearance in this
court on 02.12.2021 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
(3 of 3) [SOSA-148/2021]
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. 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 trial Judge shall report the matter to the High
Court for cancellation of bail.
(MANOJ KUMAR GARG),J
174-MS/-
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