Mahendra vs State Of Rajasthan
2022 Latest Caselaw 8590 Raj

                                       (1 of 2)                     [CRLAS-922/2022]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Criminal Appeal No. 922/2022

Mahendra S/o Pokarram Bishnoi, Aged About 30 Years, R/o
Khejadli Luni Dist. Jodhpur Raj.
                                                                     ----Appellant
                                   Versus
1.       State Of Rajasthan, Through Pp
2.       Sukhdev S/o Genaram, Aged About 24 Years, R/o Lainsh
         Nagar Khejadri Kala Ps Luni Jodhpur
                                                                  ----Respondents


For Appellant(s)         :     Mr. Nayab Khan for Mr. S.K. Dadhich
For Respondent(s)        :     Mr. Abhishek Purohit, Addl.G.A.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

04/07/2022

     Admit.

     Issue notice to the respondent No.2 only, as the learned

Public Prosecutor accepts notice on behalf of respondent No.1

State.

     Call for the record.

     Heard learned counsel for the parties on S.B. Suspension

of Sentence (Appeal) No.550/2022.

     Learned counsel for the appellant submits that the sentence

awarded to the accused-appellant has already 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-appellant.




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                                                                               (2 of 2)                       [CRLAS-922/2022]


                                        Accordingly, S.B. Suspension of Sentence (Appeal) No.

                                   550/2022 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 09.06.2022 in Session Case No.29/2019

                                   against appellant- Mahendra S/o Pokarram Bishnoi shall

                                   remain suspended till final disposal of the aforesaid appeal,

                                   provided he 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    his    appearance              in   this   Court   on

                                   04.08.2022 and whenever ordered to do so, till the disposal of

                                   the appeal on the conditions indicated below:-

                                         1.      That he will appear before the trial Court in the
                                                 month of January of every year till the appeal is
                                                 decided.
                                         2.      That if the appellant changes the place of
                                                 residence, they will give in writing his 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-appellant in a separate file. Such file be registered as

                                   Criminal misc. Case related to original case in which the accused-

                                   appellant was 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 appellant 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.

2-Zeeshan

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