Pooranmal vs State Of Rajasthan
2022 Latest Caselaw 5492 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 246/2022

Pooranmal S/o Ladu Lal Balai, Aged About 23 Years, Dantada,
P.s. Shambhoogarh, Dist. Bhilwara (Raj.). (Presently Lodged In
Dist. Jail, Bhilwara).
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Appellant(s)         :     Mr. Pravin Vyas
For Respondent(s)        :     Mr. SK Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

13/04/2022

     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 petitioner and learned Public

Prosecutor on S.B. Suspension of Sentence (Appeal) No.

201/2022.

     Learned counsel for the appellant submits that the appellant

is in custody since 06.01.2022. Learned counsel further submits

that the certified copy of the record, which has been submitted

through the legal aid have already been filed by him.

     Learned counsel for the appellant furthers submits that

looking into the sentence of three years as well as the custody

period, the sentence of appellant may be suspended.

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     Learned Public Prosecutor has opposed the 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-appellant.

     Accordingly, S.B. Suspension of Sentence (Appeal) No.

201/2022 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 06.01.2022 in Sessions Case No.60/2015 against

applicant-appellant Pooranmal S/o Ladu Lal Balai 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 10.05.2022 and

whenever ordered to do so, till the disposal of the appeal on the

conditions indicated below:-
     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


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                                   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.

                                         The Rajasthan High Court Legal Services Committee is

                                   directed to forward the present order of suspension of sentence to

                                   the concerned jail authority.



                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

48-Sudheer/-

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