Manak @ Mana vs State Of Rajasthan
2022 Latest Caselaw 5417 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 350/2022

1.     Manak @ Mana S/o Ramji Lal, Aged About 28 Years, R/o
       Ward No. 20, Sadul Sahar, District Sri Ganganagar.
2.     Bittu S/o Om Prakash, Aged About 30 Years, R/o Ward
       No. 20, Sadul Shahar, District Sri Ganganagar.
3.     Jasvindra Singh @ Rasprind Singh S/o Jeet Singh, Aged
       About 32 Years, R/o Ward No. 20, Sadul Shahar, District
       Sri Ganganagar.
                                                                  ----Appellants
                                    Versus
State Of Rajasthan
                                                                 ----Respondent


For Appellant(s)          :     Mr. Rajendra Kumar Soni
For Respondent(s)         :     Mr. S.K. Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

12/04/2022

     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

respondent-State. Hence, notice need not be issued.

     Call for the record.

     Heard learned counsel for the parties on S.B. Suspension

of Sentence (Appeal) No.261/2022.



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     Learned counsel for the appellants submits that the learned

trial court has temporarily suspended the sentence of the present

accused-appellants.

     Learned   Public      Prosecutor         opposes         the   suspension   of

sentence application.

     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-appellants.

     Accordingly,     S.B.     Suspension            of    Sentence      (Appeal)

No.261/2022 filed under Section 389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the learned

Special Judge (Electricity Theft Cases) and Additional Sessions

Judge No.1, Sri Ganganagar vide judgment dated 28.03.2022 in

Sessions Case No. 39/2011 (CIS 7205/2014) against appellants

(1) Manak @ Mana S/o Ramji Lal, (2) Bittu S/o Om Prakash

and (3) Jasvindra Singh @ Rasprind Singh S/o Jeet Singh,

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 12.05.2022 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
           residence, they will give in writing their changed
           address to the trial Court as well as to the counsel
           in the High Court.



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                                        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.

10-Zeeshan

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