Rajasthan High Court
Murari Son Of Shri Kanhaiyalal vs State Of Rajasthan on 27 August, 2022
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Suspension of Sentence Application No.1074/2022
in
S.B. Criminal Appeal No. 1665/2022
Murari Son Of Shri Kanhaiyalal, Aged About 35 Years, Resident
Of Kaushali Police Station Soorwal District Sawaimadhopur At
Present In Central Jail Bharatpur
----Appellant
Versus
State Of Rajasthan, Through The Pp
----Respondent
For Appellant(s) : Mr. Harendra Singh
For Respondent(s) : Mr. Rajendra Yadav, GA cum AAG
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
27/08/2022
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. Counsel also submits that the petitioner has already
undergone half of the sentence awarded to him. Learned counsel
for the appellant further submits that according to the impugned
judgment dated 06.08.2022, the present petitioner has been
convicted for the offence under Sections 323, 341, 324, 326, 448
and 307 of IPC and Section 4/25 of Arms Act.
Learned Public Prosecutor opposes the Suspension of
Sentence application.
(2 of 3) SOSA-1074/2022
Heard learned counsel for the parties and the material
available record.
Since, 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 06.08.2022 in Sessions
Case No.19/2020 against appellant- Murari Son Of Shri
Kanhaiyalal 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, he 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 he
addresses, he will give in writing his
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-1074/2022
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/35
Powered by TCPDF (www.tcpdf.org)
