Rajasthan High Court - Jodhpur
Jagdish vs State Of Rajasthan on 1 July, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 883/2022
1. Jagdish S/o Bihari Lal, Aged About 31 Years, Chak 6
K.k.w. Rohi Rodanwali, Teh. And Dist. Hanumangarh
(Raj.).
2. Budh Ram S/o Hajari Lal, Aged About 29 Years, Chak 6
K.k.w. Rohi Rodanwali, Teh. And Dist. Hanumangarh
(Raj.).
3. Dara Singh S/o Hajari Lal, Aged About 40 Years, Chak 6
K.k.w. Rohi Rodanwali, Teh. And Dist. Hanumangarh
(Raj.).
4. Hajari Lal S/o Ruda Ram, Aged About 70 Years, Chak 6
K.k.w. Rohi Rodanwali, Teh. And Dist. Hanumangarh
(Raj.).
5. Hansraj S/o Banwari Lal, Aged About 30 Years, Chak 6
K.k.w. Rohi Rodanwali, Teh. And Dist. Hanumangarh
(Raj.).
6. Chotu Ram S/o Kumbha Ram, Aged About 25 Years, Chak
6 K.k.w. Rohi Rodanwali, Teh. And Dist. Hanumangarh
(Raj.).
----Appellants
Versus
State Of Rajasthan
----Respondent
Connected With
S.B. Criminal Appeal (Sb) No. 884/2022
Kumbha Ram S/o Ruda Ram, Aged About 65 Years, Chak 6
K.k.w. Rohi Rodanwali, Teh. And Dist. Hanumangarh (Raj.).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Suresh Nehra with
Mr. Ankur Limba
For Respondent(s) : Mr. Gaurav Singh, PP
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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/07/2022
In S.B. Criminal Appeal No. 883/2022:
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent-State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.536/2022.
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.
536/2022 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 07.06.2022 in Sessions Case No.05/2017
and CIS No.39/2017 against appellants- (1) Jagdish S/o Bihari
Lal, (2) Budh Ram S/o Hajari Lal, (3) Dara Singh S/o Hajari
Lal, (4) Hajari Lal S/o Ruda Ram, (5) Hansraj S/o Banwari
Lal and (6) Chotu Ram S/o Kumbha Ram 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
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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.
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.
In S.B. Criminal Appeal (Sb) No. 884/2022:
Admit.
Call for the record.
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Requisition for summoning the record be given 'dasti' to
learned counsel for the appellant.
List as soon as the record is received.
(DR.PUSHPENDRA SINGH BHATI), J.
9-10 Zeeshan
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