Usman vs State Of Rajasthan
2021 Latest Caselaw 16490 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 888/2021

Usman S/o Sh. Ilahibaksh, Aged About 26 Years, Basaad, P.s. Pratapgarh, Pratapgarh. (At Present Lodged In District Jail, Pratapgarh).

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Ramesh Chandra Purohit. For Respondent(s) : Mr. S.S. Rajpurohit, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

28/10/2021

Heard.

Admit. Learned Public Prosecutor accepts notice on behalf of

respondent-State.

Heard on application for suspension of sentence No.

598/2021.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the fact that the appellant was 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

appellant.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the substantive sentence passed by

the learned Session Judge, RHJS, Pratapgarh, Rajasthan in

Sessions Case No.82/2019 vide judgment dated 14.09.2021

(2 of 2) [CRLAS-888/2021]

against the appellant-applicant Usman S/o Sh. Ilahibaksh, shall

remain suspended till final disposal of the aforesaid appeal and he

shall be released on bail subject to deposit the fine amount as

imposed by the learned trial Court, 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

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

15-prashant/-

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