Vikram Banjara vs State Of Rajasthan
2022 Latest Caselaw 5301 Raj

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      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Appeal No. 354/2022

Vikram Banjara S/o Keshu @ Kesar Singh Banjara, Aged About
42 Years, R/o Surja Khedi, Police Station Unela, District Ujjain
(Madhya Pradesh)
                                                                     ----Appellant
                                      Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Appellant(s)            :     Mr. Neeraj Kumar Gurjar
For Respondent(s)           :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

08/04/2022
     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 the Court, for the safety

of all concerned.

     Admit.

     Call for the record.

     Heard learned counsel for the parties on application seeking

suspension of sentence.

     Counsel for the appellant makes a statement at Bar that they

had moved an appropriate application under Section 389 of

Cr. P.C., and the sentence of two years' simple imprisonment has

been suspended temporarily for a period of one month by the

learned trial court.

     Learned P.P. opposed the application.


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     Having considered of the totality of facts and circumstances

of the case, I consider it just and proper to suspend the

substantive sentence awarded to the accused appellant.


     Accordingly, this application for Suspension of Sentence

No.264/2022 is allowed and it is directed that the sentences

awarded to appellant/s - Vikram Banjara S/o Keshu @ Kesar

Singh Banjara by the learned Additional Sessions Judge No.2,

Bhilwara in vide judgment dated 23.03.2022 in Sessions Case

No.1040/2014 (10/2014) shall remain suspended till final disposal

of aforesaid appeal provided he executes a personal bond for a

sum of Rs.50,000/- alongwith two solvent sureties in the sum of

Rs.25,000/- each to the satisfaction of the learned trial court for

his appearance before this Court on 16.05.2022 and whenever

called upon to do so till disposal of the appeal on the conditions

inidcated 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(s) to the 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


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                                   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.



                                                                (DR.PUSHPENDRA SINGH BHATI), J.

158-Sanjay/-

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