Hanwant Singh vs State Of Rajasthan
2022 Latest Caselaw 5654 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 389/2022

Hanwant Singh S/o Than Singh, Aged About 57 Years, B./c
Rajput, R/o Bizapur, Teh. Bali, Dist. Pali, The Then Land Revenue
Inspector, Teh. Lohawat, Addl. Charge Of Kalu Pabuji, Denok,
Peelawa, Dist. Jodhpur. (Confined In Central Jail, Jodhpur).
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Appellant(s)          :     Mr. Jitendra Ojha for Mr. JVS Deora
For Respondent(s)         :     Mr. SS Rajpurohit, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

19/04/2022

     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.

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

of Sentence (Appeal) No.293/2022.

     Learned counsel for the appellant submits that the appellant

was on bail during trial. Learned counsel further submits that the

sentence is of four years.




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     Learned      Public     Prosecutor         opposes         the       suspension     of

sentence application.

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

Application No. 293/2022 filed under Sec.389 Cr.P.C. is allowed

and it is ordered that the substantive sentence passed by learned

trial court vide judgment dated 08.04.2022 in Sessions Case

No.31/2015 against appellant Hanwant Singh S/o Than Singh

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

19.05.2022 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

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



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                                   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.

167-Sudheer/-

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