Rajasthan High Court - Jodhpur
Uttam Chand Regar vs State Of Rajasthan on 11 April, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-806/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 806/2021
Uttam Chand Regar S/o Sh. Chotu Ram, Aged About 42 Years,
B/c Regar, R/o Ganeshpura, P.s. Dudu, Dist. Jaipur. (Presently
Lodged At District Jail, Chittorgarh).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Bhawani Singh
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/04/2022
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.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.544/2020.
Learned counsel for the appellant submits that three persons
were equally involved in the crime that were Uttam Chand,
Bhanwar Lal and Prem Chand. Learned counsel further submits
that the sentence of Bhanwar Lal and Prem Chand has already
been suspended by this Hon'ble Court on 21.02.2019 in S.B.
Criminal Misc. Suspension of Sentence Application No.181/2019 in
S.B. Criminal Appeal No.224/2019.
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(2 of 3) [CRLAS-806/2021]
Learned counsel also submits that the appellant has
undergone a sentence of about three years, two months and 18
days. Learned counsel further submits that on merits, the case of
the appellant is absolutely at par with the case of Bhanwar Lal and
Prem Chand, who were caught together in a vehicle with the
contraband.
Learned Public Prosecutor opposes the suspension of
sentence application, but is unable to refute the aforesaid
submissions or point out any distinguishing factor between the
allegations against the present appellant, Prem Chand and
Bhanwar Lal. Learned Public Prosecutor also furnished a report,
which shows that there are no previous criminal antecedents of
the present appellant and confirms the duration of the custody as
already indicated.
Having considered the totality of facts and circumstances of
the case, this Court considers it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellant.
Accordingly, this S.B. Suspension of Sentence Application
(Appeal) No.544/2020 filed under Sec.389 Cr.P.C. is allowed and it
is ordered that the substantive sentence passed by the trial court
vide judgment dated 25.08.2021 in Sessions Case No.87/2014
(10/2009) against appellant Uttam Chand Regar S/o Sh. Chotu
Ram shall remain suspended till final disposal of the aforesaid
appeal, provided he executes a personal bond in the sum of
Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
Court on 11.05.2022 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
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(3 of 3) [CRLAS-806/2021]
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellant changes the place of
residence, he will give in writing his 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-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant was 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-appellant 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.
1-Zeeshan
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