Ram Niwas vs State Of Rajasthan
2022 Latest Caselaw 2346 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 4/2022

Ram Niwas S/o Ummad Ram, Aged About 22 Years, Bhamasi Tehsil And Dist. Churu. (Presently Lodged At Dist. Jail, Churu).

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


For Appellant(s)             :   Mr. Om Rajpurohit
For Respondent(s)            :   Mr. Gaurav Singh, PP
For complainant              :   Mr. Rakesh Arora



          HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                     Order

09/02/2022

      Heard.

      Admit.

Issue notice to the respondent. Learned Public Prosecutor accepts notice on behalf of State.

Heard learned counsel for the appellant, learned public prosecutor

and learned counsel appearing for the complainant on application of

suspension of sentence (No.5/2022).

Learned counsel for the appellant submits that the accused-

appellant was on bail during trial. It is also submitted that the accused-

appellant remained in custody for seven months. Learned counsel for

the appellant submits that disposal of the appeal will consume time,

therefore, the sentence awarded to the accused-appellant may be

suspended.

Learned Public Prosecutor as well as learned counsel appearing for

(2 of 3) [CRLAS-4/2022]

the complainant vehemently opposed the prayer made by the learned

counsel for the accused-appellant. Learned counsel for the complainant

further submitted that the accused-appellant is habitual offender.

Upon a consideration of the arguments advanced on behalf of the

appellant 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 Addl. Sessions Judge, Churu, vide judgment

dated 14.12.2021 in Sessions Case No.4/2014 against the appellant-

applicant Ram Niwas S/o Ummad Ram 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 9.3.2022 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

(3 of 3) [CRLAS-4/2022]

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.

(MADAN GOPAL VYAS),J 3-CPGoyal/-

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