Rajasthan High Court - Jodhpur
Vardha Ram vs State Of Rajasthan on 12 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 344/2022
1. Vardha Ram S/o Natha Ji, Aged About 58 Years, R/o
Gulab Ganj, Ps Anadra, Tehsil Reodar, District Sirohi.
2. Rama Ram S/o Mana Ji, Aged About 40 Years, R/o Gulab
Ganj, Ps Anadra, Tehsil Reodar, District Sirohi.
3. Bharat @ Bhura Ram S/o Vardha Ram, Aged About 26
Years, R/o Gulab Ganj, Ps Anadra, Tehsil Reodar, District
Sirohi.
4. Laxman S/o Nana Ram, Aged About 30 Years, R/o Gulab
Ganj, Ps Anadra, Tehsil Reodar, District Sirohi.
5. Champat @ Sampat S/o Vardha Ram, Aged About 32
Years, R/o Gulab Ganj, Ps Anadra, Tehsil Reodar, District
Sirohi.
----Appellants
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. B.S. Deora
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.
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Call for the record.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.256/2022.
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.256/2022 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 22.03.2022 in Original Special Case No.
21/2013 (CIS No.123/2014) against appellants- (1) Vardha Ram
S/o Natha Ji, (2) Rama Ram S/o Mana Ji, (3) Bharat @
Bhura Ram S/o Vardha Ram, (4) Laxman S/o Nana Ram
and (5) Champat @ Sampat S/o Vardha Ram 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
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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.
7-Zeeshan
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