Rajasthan High Court - Jodhpur
Bhawarlal vs State Of Rajasthan on 6 January, 2022
Bench: Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Criminal Misc. Suspension of Sentence Application (Appeal)
No.902/2021
In
S.B. Criminal Appeal No. 1299/2021
Bhawarlal S/o Kaluram, Aged About 32 Years, Gadiyala Teh.
Kolayat, Dist. Bikaner.
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. S.K.Verma through VC
For Respondent(s) : Mr. A.R.Choudhary, P.P.
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
06/01/2022
The instant application for suspension of sentence under
Section 389 Cr.P.C. has been filed on behalf of the appellant-
applicant Bhanwarlal who has been convicted and sentence for the
offences under Sections 341, 323, 324, 325 IPC vide judgment
dated 10.12.21 passed by the learned Additional Sessions Judge
No.5, Bikaner in Criminal Case No.34/2020 (CIS No.960/2014).
Learned Public Prosecutor has chosen not to file reply to the
application for suspension of sentence and proposed to argue the
matter orally.
Heard learned counsel for the applicant appellant and
learned Public Prosecutor and perused the material available on
record.
(2 of 3) [SOSA-902/2021]
Learned counsel for the appellant submits that the sentences
awarded to the applicant-appellant have already been suspended
by the trial court and hearing of the appeal will consume time,
therefore, the sentences awarded to the accused-appellant be
suspended during pendency of the appeal.
Having regard to the entirety of the facts and circumstances
as available on the record, this Court is of the opinion that it is a
fit case for suspending the sentences awarded to the accused
appellant during pendency of the instant appeal.
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.5,
Bikaner, vide judgment dated 10.12.2021 in Criminal Case No.
34/2020 (CIS No.960/2014) against the appellant-applicant
Bhanwarlal S/o Kaluram, 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 07.02.2022 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.
(3 of 3) [SOSA-902/2021]
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.
(VINOD KUMAR BHARWANI),J
17-RP/-
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