Rajasthan High Court - Jodhpur
Nathu vs State Of Rajasthan on 15 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Suspension of Sentence No. 1262/2022
in
S.B. Cr. Appeal No. 2096/2022
Nathu S/o Pura Meena, Aged About 32 Years, R/o Patlakudi
(Chittodiya) Ps Lasadiya Dist. Udaipur (At Present Lodged In
Central Jail Udaipur)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Khatiya S/o Raja, R/o Jelawat Fala Vill. Gawdapal Ps
Salumbar Dist. Udaipur
----Respondents
For Appellant(s) : Mr. Love Jain
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/12/2022
Heard learned counsel for the appellant and learned public
prosecutor on application of suspension of sentence.
Learned counsel for the appellant submits that co-accused
Dhanraj Meena has already been enlarged on bail vide order dated
6.12.2022 by this Court and the case of the present petitioner is
not distinguishable and hearing of the appeal may take a 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
(2 of 3) [SOS-1262/22 in CRLAS-2096/2022]
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 Special Judge, SC/ST (Prevention
of Atrocities) Act Cases, Udaipur, vide judgment dated 16.9.2022
in Sessions Case No. 40/2017 against the appellant-applicant
Nathu S/o Pura Meena 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 16.1.2023 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
(3 of 3) [SOS-1262/22 in CRLAS-2096/2022]
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
221-Arti/-
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