Rajasthan High Court - Jodhpur
Surendra Kumar @ Pappu vs State Of Rajasthan on 17 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 580/2022
1. Surendra Kumar @ Pappu S/o Santlal, Aged About 50 Years,
R/o Thirana Ps Pallu Dist. Hanumangarh.
2. Om Prakash S/o. Santlal, aged 47 years, R/o. Thirana, P.S.
Pallu, District Hanumangarh.
(Appellants Lodged In Hanumangarh Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Ms. Anjali Kaushik
Mr. Pritam Joshi
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/08/2022
Admit.
Call for the record.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.580/2022.
Counsel for the appellant has shown from record that the
role of present appellants i.e. Surendra Kumar @ Pappu and Om
Prakash was that they caught hold of the complainant.
Counsel for the appellant submits that the complainant was
actually attacked by accused Ranjeet @ Jeetram and the injuries
in-question were caused by him.
Counsel for the appellant has also drawn attention of Court
to Exh.P/12, which shows that none of the injuries were
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dangerous to life. Counsel for the appellant further informs the
Court that accused- Ranjeet @ Jeetram has already expired, which
is reflected from the judgment dated 27.06.2022.
Learned PP opposed the application.
This Court looking into role of present appellants and upon
conjointly seeing Exh.P/12 as well as the injury report finds it a fit
case to suspend the sentence.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s - (1) Surendra Kumar @ Pappu S/o Santlal and (2) Om
Prakash S/o. Santlal by learned ADJ No.1, Nohar, District
Hanumangarh vide judgment dated 27.06.2022 in Sessions Case
No.11/2016 shall remain suspended till final disposal of aforesaid
appeal provided each of the appellant 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 indicated 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.
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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.
209-Sanjay/-
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