Rajasthan High Court - Jodhpur
Satyanarayan Mahakund vs State Of Rajasthan on 25 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 406/2022
Satyanarayan Mahakund S/o Sh. Udainath Mahakund, Aged
About 25 Years, R/o Bari Habil, Sahi Brahpur, Katmentu Road,
Bad Bazar, Dist. Gajam, Orrisa. (Presently Lodged In Central Jail,
Jodhpur).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/04/2022
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.
Call for the record.
Heard learned counsel for the appellant and learned Public
Prosecutor on Suspension of Sentence (Application)
No.306/2022.
Learned counsel for the appellant submits that out of total
five years sentence, the appellant has already undergone the
sentence of five and now he is undergoing the imprisonment in
lieu of the fine.
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The custody certificate dated 07.04.2022 produced by
learned counsel for the petitioner is taken on record.
Learned Public Prosecutor has opposed the application.
This Court heard learned counsel for the parties and perused
the material available on record.
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.
306/2022 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 06.04.2022 in Sessions Case No.16/2015 against
applicant-appellant Satyanarayan Mahakund S/o Sh. Udainath
Mahakund 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 30.05.2022 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
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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.
2-Sudheer/-
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