Rajasthan High Court - Jodhpur
Mahendra vs State Of Rajasthan on 2 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1193/2022
1. Mahendra S/o Shri Sahab Ram, Aged About 45 Years, R/o
Godhuwali Dhani Police Station Lalgarh Jatan, District Sri
Ganganagar.
2. Kanhaiya Lal S/o Shri Patram, Aged About 55 Years, R/o
Godhuwali Dhani Police Station Lalgarh Jatan, District Sri
Ganganagar.
3. Radheyshyam S/o Shri Atma Ram, Aged About 40 Years,
R/o Godhuwali Dhani Police Station Lalgarh Jatan, District
Sri Ganganagar.
4. Sushil Kumar S/o Shri Om Prakash, Aged About 37 Years,
R/o Godhuwali Dhani Police Station Lalgarh Jatan, District
Sri Ganganagar.
5. Brijmohan S/o Shri Om Prakash, Aged About 35 Years, R/
o Godhuwali Dhani Police Station Lalgarh Jatan, District
Sri Ganganagar.
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Sumer Singh Gour.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
02/08/2022
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
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of Sentence (Appeal) No.675/2022
Learned counsel for the appellants submits that the sentence
awarded to the accused-appellants has already been suspended
by the learned trial court temporarily.
Having considered the totality of facts and circumstances of
the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused appellants.
Accordingly, S.B. Suspension of Sentence (Appeal)
No.675/2022 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 22.07.2022 in Special Sessions Case No.
15/2021 (82/2007) against appellants (1) Mahendra S/o Shri
Sahab Ram, (2) Kanhaiya Lal S/o Shri Patram, (3)
Radheyshyam S/o Shri Atma Ram, (4) Sushil Kumar S/o
Shri Om Prakash & (5) Brijmohan S/o Shri Om Prakash
shall remain suspended till final disposal of the aforesaid appeal,
provided each of them executes 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 02.09.2022 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.
220-/Jitender/Nirmala/-
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