Laxman vs State Of Rajasthan
2022 Latest Caselaw 9388 Raj

                                         (1 of 2)                     [SOSA-568/2022]

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                         No. 568/2022

Laxman S/o Sh. Panchi Ram, Aged About 25 Years, Vill.
Bandhana, P.s. Panchu Dist. Bikaner. (Presently Lodged In Dist.
Jail, Hanumangarh).
                                                   ----Petitioner
                            Versus
State Of Rajasthan, Through Pp
                                                 ----Respondent



For Petitioner(s)         :     Mr. Birbal Ram Bishnoi
For Respondent(s)         :     Mr. Mahipal Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

19/07/2022
     Learned   counsel        for    the     appellant           submits   that   the

contraband in question is below commercial quantity. He also

submits that there is no previous criminal antecedent of the

present appellant.

       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.

     Accordingly, the present Suspension of Sentence application

is allowed and it is ordered that the substantive sentence passed

by the trial court vide judgment dated 28.06.2022 in Session Case

No.24/2013 against appellant - Laxman S/o Sh. Panchi Ram

shall remain suspended till final disposal of the aforesaid appeal,

provided he executes a personal bond in a sum of Rs.50,000/-


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                                                                                  (2 of 2)                        [SOSA-568/2022]


                                   with two sureties of Rs.25,000/- each to the satisfaction of the

                                   learned    trial    Judge       for    his    appearance              in    this   Court   on

                                   22.08.2022 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.

132-Sudheer/-

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