Ankit Kulhari S/O Rohitash vs State Of Rajasthan
2022 Latest Caselaw 5749 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence Application
                               No.1021/2022

                                        IN

                 S.B. Criminal Appeal No. 1595/2022

Ankit Kulhari S/o Rohitash, Aged About 23 Years, R/o Bijusar,
Police Station Sadar, District Jhunjhunu
                                                                       ----Appellant
                                     Versus
State of Rajasthan, through P.P.
                                                                   ----Respondent

For Appellant(s) : Mr. Intjar Ali, Adv.

For Respondent(s) : Mr. Imran Khan, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

23/08/2022

Heard on the application for Suspension of Sentence.

Learned counsel for the appellant has pointed out from the

judgment and record that the appellant has been falsely

implicated in the present case and he is in judicial custody since

long. Learned counsel for the appellant submits that according to

the impugned judgment dated 03.08.2022, the present petitioner

has been acquitted for the offence under Section 307 IPC and

Section 5/27 of the Arms Act and the present petitioner has been

convicted for the offence under Section 3/25 Arms Act.

Learned Public Prosecutor opposes the Suspension of

Sentence application.

(2 of 3) [CRLAS-1595/2022]

Heard learned counsel for the parties and perused the record

of the case.

Since, the appellant is in custody since long and final

adjudication of the present appeal is likely to take time, this Court

deems it appropriate to grant the suspension of sentence.

Accordingly, the present Suspension of Sentence application

is allowed and it is ordered that the substantive sentence passed

by the trial court vide judgment dated 03.08.2022 in Sessions

Case No.26/2021 against appellant- Ankit Kulhari S/o Rohitash

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 23.09.2022

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

(3 of 3) [CRLAS-1595/2022]

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 does not appear before the trial court, the

learned trial Judge shall report the matter to this Court for

cancellation of bail.

(KULDEEP MATHUR),J

89 - RAVI KHANDELWAL

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