Rajasthan High Court - Jodhpur
Shankar vs State on 6 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 218/2022
1. Shankar S/o Shri Zoravar, Aged About 36 Years, R/o
Biladia, Ps Dhariwad, Pratapgarh. (At Present Lodged In
District Jail, Pratapgarh)
2. Bheria @ Bhairulal S/o Shri Keshia, Aged About 29 Years,
R/o Biladia, Ps Dhariwad, Pratapgarh. (At Present Lodged
In District Jail, Pratapgarh)
3. Sakarchand @ Hakra S/o Shri Vakta, Aged About 32
Years, R/o Biladia, Ps Dhariwad, Pratapgarh. (At Present
Lodged In District Jail, Pratapgarh)
----Appellants
Versus
State of Rajasthan.
----Respondent
For Appellant(s) : Mr. Ramesh Purohit
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/04/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Criminal
Misc. (Suspension of Sentence) Application No.173/2022.
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Learned counsel for the appellants submits that the sentence
of main accused Laxman @ Lachhi Ram has already been
suspended by this Hon'ble Court vide order dated 28.07.2015 in
S.B. Criminal Suspension of Sentence/Bail Application
No.414/2015 in S.B. Criminal Appeal No.68/2015.
Learned Public Prosecutor is unable to refute that the main
allegation was upon the co-accused Laxman @ Lachhi Ram and
the role of the appellants was minimalized in front of the role of
co-accused Laxman @ Lachhi Ram.
Having considered the totality of facts and circumstances of
the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused appellants.
Accordingly, S.B. Criminal (Suspension of Sentence)
Application No. 173/2022 filed under Section 389 Cr.P.C. is
allowed and it is ordered that the substantive sentence passed by
the trial court vide judgment dated 28.02.2022 in Sessions Case
No. 172/2014 against appellants (1) Shankar S/o Shri Zoravar,
(2) Bheria @ Bhairulal S/o Shri Keshia and (3) Sakarchand
@ Hakra S/o Shri Vakta shall remain suspended till final
disposal of the aforesaid appeal, provided each of them execute a
personal bond in a sum of Rs.50,000/- with two sureties of
Rs.25,000/- each to the satisfaction of the learned trial Judge for
their appearance in this Court on 06.05.2022 and whenever
ordered to do so, till the disposal of the appeal on the conditions
indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants changes the place of
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residence, they will give in writing 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,
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-appellants in a separate file. Such file be registered
as Criminal misc. Case related to original case in which the
accused-appellants 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 appellants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
183-Zeeshan
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