Rajasthan High Court - Jodhpur
Dinesh vs State Of Rajasthan on 26 August, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-1310/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1310/2022
1. Dinesh S/o Shri Ram, Aged About 42 Years, R/o Amali,
Police Station Sanchore, District Jalore.
2. Shri Ram S/o Amra, Aged About 80 Years, R/o Amali,
Police Station Sanchore, District Jalore.
3. Krishan S/o Kheda, Aged About 54 Years, R/o Amali,
Police Station Sanchore, District Jalore.
4. Mula Ram S/o Tulchha Ram, Aged About 72 Years, R/o
Amali, Police Station Sanchore, District Jalore.
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Dinesh Vishnoi
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/08/2022
Admit.
Call for the record.
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.740/2022.
Learned counsel for the appellants submits that the
appellants' sentence has already been temporarily suspended by
the learned trial court.
Learned Public Prosecutor opposes the suspension of
sentence application.
(2 of 3) [CRLAS-1310/2022]
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.
740/2022 filed under Section 374(2)Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 06.08.2022 in Sessions Case No.02/2020
(203/2007) against appellants- (1) Dinesh S/o Shri Ram (2)
Shri Ram S/o Amra (3) Krishan S/o Kheda (4) Mula Ram
S/o Tulchha Ram shall remain suspended till final disposal of the
aforesaid appeal, provided each of them execute 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 their 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 they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants changes the place of
residence, they will give in writing 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,
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-appellants in a separate file. Such file be registered
as Criminal misc. Case related to original case in which the
accused-appellants 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 appellants do not appear before the trial court, the
(3 of 3) [CRLAS-1310/2022]
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J
5-Nirmala/Suraj-
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