Rajasthan High Court - Jodhpur
Jitendra Kumar vs State Of Rajasthan on 16 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail (Suspension of Sentence) Application
No.713/2022
IN
S.B. Criminal Appeal No. 1179/2022
1. Devraj S/o Taraji Mali, Aged About 25 Years, R/o Ramdev
Colony Jalore Dist. Jalore (At Present Lodged In Central
Jail Jodhpur)
2. Mangilal S/o Danaji Mali, Aged About 53 Years, R/o
Rajendra Nagar Jalore Dist. Jalore (At Present Lodged In
Central Jail Jodhpur)
3. Jitendra S/o Babulal Mali, Aged About 28 Years, R/o
Rajendra Nagar Jalore Dist. Jalore (At Present Lodged In
Central Jail Jodhpur)
----Appellants
Versus
1. State Of Rajasthan, Through Pp
2. Bharat Kumar S/o Chunilal, B/c Meghawal R/o Rilayans
Pentrol Pump Bagra Road Jolore Ps Jalore
----Respondents
For Appellant(s) : Mr. Dhirendra Singh, Sr. Advocate a/w
Ms. Laxmi Rathore
For Respondent(s) : Mr. Mahipal Bishnoi, PP
Mr. Paramveer Singh
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
16/08/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.713/2022.
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(2 of 3) [CRLAS-1179/2022]
Counsel for the appellant has shown statement of PW-5 Dr.
Rameshchandra Chauhan, in which, he categorically deposes that
all the injuries are simple in nature.
Counsel for the appellant further submits that there is
likelihood of the appeal being heard at an early date, thus, prayed
to suspend the sentence.
Learned PP opposed the application.
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.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - (1) Devraj S/o Taraji Mali, (2) Mangilal S/o
Danaji Mali and (3) Jitendra S/o Babulal Mali by the learned
Special Judge, SC/ST (Prevention of Atrocities) Cases, Jalore vide
judgment dated 16.07.2022 in Sessions Case No.67/2019 (CIS
No.59/2014) shall remain suspended till final disposal of aforesaid
appeal provided each of them 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 their
appearance before this Court on 29.09.2022 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.
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(3 of 3) [CRLAS-1179/2022]
(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
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
215-Sanjay/-
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