Hindu Lal @ Hinduda vs State Of Rajasthan
2022 Latest Caselaw 14218 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
   S.B. Criminal Misc IInd Suspension Of Sentence Application
                       (Appeal) No.1191/2022

Hindu Lal @ Hinduda S/o Sh. Chela Ji Gamar, Aged About 37
Years, Nayaganv, P.s. Panarva, Udaipur (Raj.). (Presently Lodged
In Central Jail, Udaipur).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)         :    Mr. Kalu Ram Bhati.
For Respondent(s)         :    Mr. Mahipal Bishnoi, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

02/12/2022

     Heard learned counsel for the parties and perused the

material available on record.

     Learned counsel for the appellant-applicant submits that the

applicant-appellant is in custody for last about seven months.

Learned counsel further submits that the applicant-appellant and

the complaint are neighbours and it was only a sudden altercation

which resulted into the present incident.                 Learned counsel also

submits that the crucial recovery witnesses have turned hostile.

     Learned Public Prosecutor opposes the application.

     Having considered the totality of facts and circumstances of

the case and on conjoint consideration of the submissions made

by learned counsel for the appellant, this Court considers it just

and proper to suspend the substantive sentence awarded to the

accused applicant-appellant.


                    (Downloaded on 03/12/2022 at 12:01:37 AM)
                                          (2 of 3)                        [SOSA-1191/2022]



     Accordingly, the present suspension of sentence application

filed under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated 09.05.2022 in Sessions Case No.20/2016 against applicant-

appellant Hindu Lal @ Hinduda S/o Sh. Chela Ji Gamar shall

remain suspended till final disposal of the aforesaid appeal,

provided he executes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the satisfaction of the

learned Trial Judge/ Link Court for his 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 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 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

not be taken into account for statistical purpose relating to


                       (Downloaded on 03/12/2022 at 12:01:37 AM)
                                                                              (3 of 3)                  [SOSA-1191/2022]



                                   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 the High Court for

                                   cancellation of bail.

                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

276-Jitender/-

Powered by TCPDF (www.tcpdf.org)