Mahaveer Prasad vs State Of Rajasthan
2022 Latest Caselaw 10861 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 1210/2022

Mahaveer Prasad S/o Sh. Mohanram Jat, Aged About 53 Years,
R/o Ramseesar Chenaniya Tehsil Sardarsahar Dist. Churu Raj.
(The Then Revenue Patwari Patwar Mandal Meharasar Chahera
Additional Charge Tolasar Teshildar Sardarsahar Dist. Churu)
(Presently Lodged In Central Jail Bikaner)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Appellant(s)          :     Mr. Vineet Jain, Sr. Adv. assisted by
                                Mr. Ashok Kumar Panwar.
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.683/2022.

     Learned Public Prosecutor submits that the appellant has

undergone a custody period of more than thirty days.

     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 applicant-appellant.

     Accordingly, S.B. Suspension of Sentence (Appeal) No.

683/2022 filed under Section 389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the trial court

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                                   vide judgment dated 30.07.2022 in Sessions Case No.12/2014

                                   against appellant- Mahaveer Prasad S/o Sh. Mohanram Jat

                                   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

                                   28.09.2022 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.

11-/Jitender/Nirmala/-

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