Ramnarayan Khatik vs State Of Rajasthan
2022 Latest Caselaw 14291 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1756/2022

Ramnarayan Khatik S/o Nand Lal Khatik, Aged About 46 Years, R/o Vill. Borana Tehsil Raipur Dist. Bhilwara The Then Asstt. Secretary Gram Panchayat Borana Panchayat Samiti Raipur Dist. Bhilwara (At Present Lodged In Dist. Jail Bhilwara)

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Devendra Sanwalot For Respondent(s) : Mr. A.R. Malkani for Mr. M.A. Siddiqui, GA-cum-AAG

HON'BLE MR. JUSTICE FARJAND ALI Order

05/12/2022 Heard.

Admit.

Issue notice. Learned Public Prosecutor accepts notice on behalf of

the respondent-State.

Heard learned counsel for the appellant and learned public

prosecutor on application of suspension of sentence No.1052/2022.

Learned counsel for the appellant submits that the accused-

appellant was on bail during trial. Thus, learned counsel for the

appellant submits that the sentence awarded to the accused-appellant

may be suspended as the hearing of the appeal will take long time.

Learned Public Prosecutor vehemently opposed the prayer made

by the learned counsel for the accused-appellant.

Upon a consideration of the arguments advanced on behalf of the

appellant and having regard to the facts and circumstances of the case,

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this court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused appellant.

Accordingly, the application for suspension of sentence filed under

Section 389 Cr.P.C. is allowed and it is ordered that the sentences

passed by the learned Special Judge, Prevention of Corruption Act

Cases, Bhilwara, vide judgment dated 01.11.2022 in Sessions Case No.

92/2015 (52/2012) against the appellant-applicant Ramnarayan

Khatik S/o Nand Lal Khatik shall remain suspended till final

disposal of the aforesaid appeal and he shall be released on bail,

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 for his appearance in this court on 05.01.2023 and whenever

ordered to do so till the disposal of the appeal on the conditions

indicated below:-

1. That he/she/they will appear before the trial Court in

the month of January of every year till the appeal is

decided.

2. That if the applicant(s) changes the place of

residence, he/she/they will give in writing his/her/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(s), 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-applicant(s) in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant(s) was/were tried and convicted. A copy of this order shall

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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

applicant(s) does not appear before the trial court, the learned trial

Judge shall report the matter to the High Court for cancellation of bail.

(FARJAND ALI),J 6-Anshul/-

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