Rajasthan High Court
Kacharulal Son Of Kishanlal vs State Of Rajasthan on 26 August, 2022
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Suspension of Sentence Application No.1038/2022
In
S.B. Criminal Appeal No. 1631/2022
Kacharulal Son Of Kishanlal, Aged About 35 Years, Resident Of
Navalpura Mohalla Sunel, Police Station Sunel District Jhalawar
Rajasthan
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Anubodh Jain
For Respondent(s) : Mr. Atul Sharma, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
26/08/2022
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 04.08.2022, the present petitioner
has been convicted for the offence under Sections 341 and 323 of
IPC and Section 3-1(r)(s) 3-2(va) Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act, 1989.
Learned Public Prosecutor opposes the Suspension of
Sentence application.
(2 of 3) SOSA-1038/2022
Heard learned counsel for the parties and perused statement
of the prosecutrix as well as the material available record.
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 04.08.2022 in Sessions
Case No.38/2020 against appellant- Kacharulal Son Of
Kishanlal 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
(3 of 3) SOSA-1038/2022
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 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
Chhaya Awasthi/103
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