Rajasthan High Court - Jodhpur
Naresh @ Nenaram vs State Of Rajasthan on 14 July, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1065/2022
Naresh @ Nenaram S/o Ganesharam, Aged About 26 Years, R/o
Raidhanu Ps Nagaur Dist. Nagaur (Presently Lodged At Dist. Jail
Nagaur)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 555/2022
Khema Ram S/o Sh. Shobha Ram, Aged About 42 Years, B/c Jat,
R/o Khajwana, Kuchera Police Station, Dist. Nagaur. (Confined In
Dist. Jail, Nagaur).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Pankaj Kumar Gupta
Mr. Mridul Jain & Mr. Bhagat Dadhich
For Respondent(s) : Mr. SS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
14/07/2022
In S.B. Criminal Appeal No. 1065/2022:-
Admit.
Call for the record.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.598/2022.
Learned counsel for the appellant submits that the appellant
was awarded a sentence of ten years and he has already
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undergone a sentence of nine years, ten months and almost
twenty days.
Learned counsel for the appellant further submits that
though on the evaluation of the evidence, the promise to marry is
reflected, but rather than arguing on merits, he only seeks limited
intervention that the suspension of sentence application may be
granted.
Learned Public Prosecutor opposes the suspension of
sentence application.
Having considered the totality of facts and circumstances of
the case as well as looking to the custody period of the appellant,
which is about nine years, ten months and twenty days, this Court
deems it just and proper to suspend the substantive sentence
awarded to the accused applicant-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
598/2022 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 14.06.2022 in Session Case No.70/2012 (CIS
No.182/14) against appellant- Naresh @ Nenaram S/o
Ganesharam 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 17.08.2022 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,
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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.
In S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 555/2022:-
List the matter on 18.07.2022.
(DR.PUSHPENDRA SINGH BHATI), J.
181--182-Sudheer/-
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