Rajasthan High Court - Jodhpur
Likhmi Chand vs State Of Rajasthan on 9 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
....
S.B. Criminal Appeal No. 1565/2022
Likhmi Chand S/o Ratan Lal, Aged About 34 Years, R/o Ratiya
Police Station Ratiya, District Fatehabad.
(At Present Lodged In District Jail, Hanumangarh)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Kuldeep Sharma.
For Respondent(s) : Mr. Salim Khan Mehar, PP.
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/12/2022
Heard.
Admit. Issue notice to the respondent.
Learned Public Prosecutor accepts notice on behalf of State.
Record has already been received.
Heard learned counsel for the appellant and the learned
Public Prosecutor on the application seeking suspension of
sentences (SoSA No. 928/2022).
Learned counsel for the applicant/appellant submits that
the appellant was not named in the FIR and he has been arrested
merely on the basis of suspicion. No identification parade has
been conducted. The recovery allegedly made from the appellant
is nothing but farce. He was on bail during the course of the trial
(2 of 3) [CRLAS-1565/2022]
and the sentences awarded to the other co-accused (Amar) has
already been suspended by the co-ordinate Bench of this Court
vide order dated 20.10.2022 passed in S.B. Criminal Misc. SoS
Application No. 927/2022. The appellant has a strong arguable
case in his favour and there is every hope for success in appeal.
Therefore, learned counsel for the applicant/appellant submits
that the sentences awarded to the accused-appellant may be
suspended as the disposal of the appeal will consume time.
Per contra, learned Public Prosecutor has vehemently
opposed the prayer made by the learned counsel for the accused-
appellant for suspending the sentences.
Upon a consideration of the arguments advanced on behalf
of the applicants/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-
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 Additional Sessions Judge No. 1,
Nohar, District Hanumangarh vide judgment dated 22.09.2022 in
Sessions Case No. 88/2014 against the applicant/appellant
Likhmi Chand S/o Ratan Lal 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.1,00,000/-
with two sureties of Rs.50,000/- each to the satisfaction of the
learned trial Judge for his appearance in this Court on
09.01.2023 and whenever ordered to do so till the disposal of the
appeal on the conditions indicated below:-
(3 of 3) [CRLAS-1565/2022]
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
1-Mohan/-
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