Rajasthan High Court - Jodhpur
Prakash Puri vs State Of Rajasthan on 1 July, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-887/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 887/2022
1. Prakash Puri S/o Bhanwar Puri, Aged About 60 Years, R/o
Manaklao Karwad Ps Dist. Jodhpur
2. Madan Puri S/o Nain Puri, Aged About 48 Years, R/o
Manaklao Karwad Ps Dist. Jodhpur
3. Mukesh Puri S/o Madan Puri, Aged About 29 Years, R/o
Manaklao Karwad Ps Dist. Jodhpur
4. Kanwar Puri S/o Bhanwar Puri, Aged About 50 Years, R/o
Manaklao Karwad Ps Dist. Jodhpur
5. Indra Puri S/o Kanwar Puri, Aged About 27 Years, R/o
Manaklao Karwad Ps Dist. Jodhpur
6. Padam Puri S/o Om Puri, Aged About 40 Years, R/o
Manaklao Karwad Ps Dist. Jodhpur
7. Raju Puri S/o Madan Puri, Aged About 24 Years, R/o
Manaklao Karwad Ps Dist. Jodhpur
----Appellants
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. Manohar Singh Hada with
Mr. Tanay Jain
For Respondent(s) : Mr. Abhishek Purohit, Addl.G.A.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/07/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent-State. Hence, notice need not be issued.
Call for the record.
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Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.539/2022.
Learned counsel for the appellants submits that the sentence
awarded to the appellants has been suspended by the learned trial
court temporarily.
Learned Public Prosecutor opposes the suspension of
sentence application.
Having considered the totality of facts and circumstances of
the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellants.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
539/2022 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 06.06.2022 in Sessions Case No.17/2015
against appellants- (1) Prakash Puri S/o Bhanwar Puri; (2)
Madan Puri S/o Nain Puri; (3) Mukesh Puri S/o Madan Puri;
(4) Kanwar Puri S/o Bhanwar Puri; (5) Indra Puri S/o
Kanwar Puri; (6) Padam Puri S/o Om Puri and (7) Raju Puri
S/o Madan Puri shall remain suspended till final disposal of the
aforesaid appeal, provided each of them executes a personal bond
in a 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 01.08.2022 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
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2. That if the appellants changes the place of
residence, they will give in writing 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,
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-appellants in a separate file. Such file be registered
as Criminal misc. Case related to original case in which the
accused-appellants 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 appellants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
12-Zeeshan
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