Prem Aka Prem Ratan vs State Of Rajasthan
2021 Latest Caselaw 16479 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 928/2021

1. Prem Aka Prem Ratan S/o Jaisukh Ram, age 40 years, by caste Bishnoi, R/o Bandhala, P.S. Panchu, District Bikaner.

2. Shyamlal S/o Jaisukh Ram, aged 32 years, by caste Bishnoi, R/o Riko Road No5, Rani Bazaar, P.S. Gangashahar, Bikaner.

3. Bhagwan Ram S/o Banwar Lal Bishnoi, aged 34 years, R/o Jaisinghdesar Magra, P.S. Panchu, District Bikaner.

4. Om Prakash S/o Jagdish, aged 29 years, R/o Near Cinemagic Hall, Rani Bazar, P.S. Gangashahar, Bikaner.

                                                                   ----Appellant
                                    Versus
The State Of Rajasthan
                                                                 ----Respondent


For Appellant(s)          :     Mr. H.S. Shrimali
For Respondent(s)         :     Mr. Mukesh Trivedi, PP.



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                     Order

28/10/2021

     Heard. Admit.

     Heard     on    application          of     suspension       of   sentence

No.630/2021.

Upon a consideration of the arguments advanced on behalf

of the appellants and having regard to the facts and circumstances

of the case, appellants were on bail during the trial, this court is of

the opinion that it is a fit case for suspending the substantive

sentence awarded to the accused appellants.

(2 of 3)

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.4, Bikaner, vide judgment dated 27.09.2021 in Sessions Case

No.83/2012 against the appellant-applicants (1) Prem Aka Prem

Ratan S/o Jaisukh Ram, (2) Shyamlal S/o Jaisukh Ram, (3)

Bhagwan Ram S/o Banwar Lal & (4) Om Prakash S/o Jagdish, shall

remain suspended till final disposal of the aforesaid appeal subject

to the condition that the appellants shall deposit the fine amount

as imposed by the learned trial Court and they will be released on

bail, 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 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. 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.

(3 of 3)

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 C-1-Ishan/-

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