Citation : 2022 Latest Caselaw 10260 Raj
Judgement Date : 4 August, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 622/2022
Ved Prakash S/o Sajjan Singh, Aged About 45 Years, R/o
Bhadunda Khurd, District Jhunjhunu (The Then Jamadar, Ii
Grade, Excise Preventive Force, Nokha, Bikaner) (At Present
Lodged In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sushil Solanki
For Respondent(s) : Mr. Abhishek Purohit, Addl. GA
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/08/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.622/2022.
Counsel for the appellant seeks indulgence of this Court on
count of the fact that hearing of appeal is likely to take a long
time.
Learned Public Prosecutor confirms that the appellant has
remained in custody for about 30 days.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
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(2 of 3) [SOSA-622/2022]
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Ved Prakash S/o Sajjan Singh by learned
Sessions Judge (Prevention of Corruption Act Cases), Bikaner vide
judgment dated 16.07.2022 in Sessions Case No.03/2016 shall
remain suspended till final disposal of aforesaid appeal provided
he executes a personal bond for a sum of Rs.50,000/- alongwith
two solvent sureties in the sum of Rs.25,000/- each to the
satisfaction of learned trial court for his appearance before this
Court on 21.09.2022 and whenever called upon to do so till the
disposal of the appeal on the conditions inidcated below:-
(1) That he/she/they will appear before the trial court in
the month of January of every year till the appeal is
decided.
(2) That if the applicant(s) changes the place of residence,
he/she/they will give in writing his/her/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(s), they
will give in writing their changed address(s) to the trial
court.
The learned trial court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/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-applicant(s) does not appear before the trial
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(3 of 3) [SOSA-622/2022]
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
101-Sanjay/-
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