Kumbha Ram vs State Of Rajasthan
2022 Latest Caselaw 9524 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                              No. 537/2022

                                       IN

                S.B. Criminal Appeal 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.).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Suresh Nehra &
                               Mr. Ankur Limba
For Respondent(s)        :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

21/07/2022
     Admit.

     Record has already been received.

     Heard learned counsel for the parties on the application

seeking suspension of sentence no.537/2022.

     Counsel for the appellant submits that appellant is a 65

years old person and has remained in custody for about ten

months. There are no previous criminal antecedents against him,

thus, prayed to suspend the sentence.

     Learned PP opposed the application.

     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.

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     Accordingly, this application for suspension of sentences is

allowed and it is directed that the sentences awarded to appellant/

s - Kumbha Ram S/o Ruda Ram by the learned Additional

Sessions    Judge   No.1,     Hanumangarh              vide     judgment   dated

07.06.2022 in Sessions Case No.05/2017 (CIS No.39/2017) 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.

     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

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                                   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.

110-Sanjay/-

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