Rajasthan High Court - Jodhpur
Inderjeet vs State Of Rajasthan on 15 July, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 597/2022
Inderjeet S/o Dilbagh Singh, Aged About 30 Years, R/o
Mahuwala, Dist. Fateabad At Present Dhani Ramsara Road,
Bhattu Kalla, Dist. Fatehabad (Haryana). (At Present Lodged In
Central Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Varun Arora
For Respondent(s) : Mr. SS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/07/2022
Admit.
Issue notice.
Learned PP accepts notice on behalf of respondent-State.
Record has already been received.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.597/2022.
Counsel for the appellant while showing order passed by this
Court on 08.07.2022 submits that sentence of similarly placed
accused i.e. Sunil @ Sadhu & Rakesh Kumar @ Golu has already
been suspended vide S.B. Suspension of Sentence (Appeal)
No.475/2022.
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(2 of 3) [SOSA-597/2022]
Counsel for the appellant submits that the appellant is in
custody for about five years and 07 months, thus, prayed to
suspend the sentence.
Learned PP opposed the application, however, is not in a
position to refute the aforesaid submission.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s - Inderjeet S/o Dilbagh Singh by the learned ADJ No.1,
Rajgarh, District Churu vide judgment dated 09.05.2022 in
Sessions Case No.39/2016 shall remain suspended till final
disposal of aforesaid appeal provided he executes a personal
bond for a sum of Rs.50,000/- alongwith two solvent sureties in
the sum of Rs.25,000/- each to the satisfaction of learned trial
court for his appearance before this Court on 30.08.2022 and
whenever called upon to do so till the disposal of the appeal on
the conditions inidcated 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(s) to the trial
court.
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(3 of 3) [SOSA-597/2022]
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.
(DR.PUSHPENDRA SINGH BHATI), J.
40-Sanjay/-
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