Dharma Ram vs State Of Rajasthan
2022 Latest Caselaw 10859 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
            S.B. Criminal Appeal No. 767/2022

Dharma Ram S/o Sh. Banna Ram, Aged About 20 Years, R/o
Village Nimbi-Jodha, P.s. Ladnoon, Dist. Nagaur (Raj.).
(Presently Lodged In Central Jail, Ajmer).
                                              ----Appellant
                             Versus
State Of Rajasthan, Through Pp
                                           ----Respondent


For Appellant(s)          :     Mr. Shambhoo Singh Rathore
For Respondent(s)         :     Mr. Mahipal Bishnoi, PP


     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
                                     Order
25/08/2022

     Admit.

     Issue notice.

     Learned Public Prosecutor accepts notice on behalf of

respondent-State. Hence, notice need not be issued.

     Heard learned counsel for the parties on S.B. Suspension

of Sentence (Appeal) No.483/2022.

     Learned counsel for the appellant has pointed out that there

is no allegation of rape against the appellant and that the

appellant is a student of 20 years of age only.

     Learned counsel for the appellant has further pointed out

that the appellant has undergone the custody of about 08 months.

     Learned   Public     Prosecutor         opposes         the   suspension   of

sentence application.

     Having considered the totality of facts and circumstances of

the case and submissions made by learned counsel for the

appellant, this Court deems it just and proper to suspend the

substantive sentence awarded to the accused applicant-appellant.

     Accordingly, S.B. Suspension of Sentence (Appeal) filed

under Section 374(2) Cr.P.C. is allowed and it is ordered that the

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                                   substantive sentence passed by the trial court vide judgment

                                   dated 26.04.2022 in Session Case No.44/2018 (102/2015) against

                                   appellant- Dharma Ram S/o Sh. Banna Ram shall remain

                                   suspended till final disposal of the aforesaid appeal, provided he

                                   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 his appearance in this Court on 27.09.2022 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, they 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
                                                 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 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.

9-/Jitender/nirmala

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