Rajasthan High Court - Jodhpur
Dharmender Kumar @ Tata vs State Of Rajasthan on 1 December, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 953/2021
1. Dharmender Kumar @ Tata S/o Sh. Chiman Lal, Aged
About 42 Years, Ward No. 15, Padampur Dist. Sri
Ganganagar (Raj.). (At Present Lodged At District Jail
Hanumangarh).
2. Sarjeet Singh @ Sammi S/o Sh. Balvinder Singh, Aged
About 35 Years, Chak 2 Panchayat Samiti P.s.
Ghamoorwali At Present Basanti Chowk Sri Ganganagar
(Raj.). (At Present Lodged At District Jail, Hanumangarh).
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Jitender Singh Bhaleria
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/12/2022
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.753/2021.
Learned counsel for the appellants submits that there are no
criminal antecedents from last 12 years of the present appellants
and as per the PW-7 i.e. Dr. Surender Bahri, the injuries are
simple in nature. He further submits that the appellants are in
custody for about one year and four months.
Learned Public Prosecutor opposes the suspension of
sentence application.
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.
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(2 of 3) [CRLAS-953/2021]
Accordingly, S.B. Suspension of Sentence (Appeal) filed
under Section 389Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
dated 29.09.2021 in Sessions Case No.32/2016 (CIS
No.113/2014) against appellants- (1) Dharmender Kumar @
Tata S/o Sh. Chiman Lal (2) Sarjeet Singh @ Sammi S/o Sh.
Balvinder Singh 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 03.01.2023 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
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
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(3 of 3) [CRLAS-953/2021]
The application No.01/22 for preponement of date is
disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
95-nirmala/-
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