Kailash vs State Of Rajasthan
2022 Latest Caselaw 14349 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 2025/2022

1. Kailash S/o Laxman, Aged About 23 Years, R/o Dhorela Barar Ps Police Bheem Dist. Rajsamand

2. Narayan Singh S/o Moti Singh, Aged About 25 Years, R/o Dhorela Barar Ps Police Bheem Dist. Rajsamand

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

----Respondent

For Appellant(s) : Mr. Vikram Singh For Respondent(s) : Mr. S.S. Rajpurohit, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

06/12/2022

Heard.

Admit.

Call for record.

Issue notice to the respondent. Learned Public Prosecutor accepts

notice on behalf of State. Hence, notice need not be issued.

Heard learned counsel for the appellants and learned public

prosecutor on application of suspension of sentences No.1211/2022.

Upon a consideration of the arguments advanced on behalf of the

appellants and having regard to the facts and circumstances of the

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

sentence awarded to the accused appellants.

Accordingly, the application for suspension of sentence filed under

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

(2 of 2) [CRLAS-2025/2022]

passed by the learned Addl. Sessions Judge, Rajsamand, vide judgment

dated 23.11.2022 in Sessions Case No. 14/2021 against the appellant-

applicants Kailash S/o Laxman and Narayan Singh S/o Moti Singh

shall remain suspended till final disposal of the aforesaid appeal and

they shall be released on bail, provided each of them 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 their

appearance in this court on 10.01.2023 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

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 177-amit/-

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