Shanker Lal vs State Of Rajasthan-State
2022 Latest Caselaw 9933 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                              No. 713/2021

Shanker Lal S/o Choga Lal, Aged About 42 Years, Devipura, P.s.
Rashmi, Dist. Chittorgarh (Raj.). (Presently Lodged At Dist. Jail,
Rajsamand).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan-State, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Ravindra Kumar Charan.
For Respondent(s)        :     Mr. Arun Kumar, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

28/07/2022

     Learned counsel for the appellant submits the sentence

awarded to the appellant is eight years and the connectivity of the

appellant with the incident is doubtful.

     Learned counsel for the appellant, however, makes a limited

submission that out of total eight years of sentence, the petitioner

has already undergone the sentence of five year, eights months

and eighteen days as on 19.07.2022. Learned counsel, therefore,

prays that the sentence of the appellant be suspended during the

pendency of the appeal.

     Learned Public Prosecutor has opposed the application.

     This Court, looking into the record, factual matrix as well as

the sentence undergone by the appellant which is of five years,

eight months and eighteen days, is inclined to suspend the

sentence awarded to the accused-appellant.


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     Having considered the totality of facts and circumstances of

the case, this Court considers it just and proper to suspend the

substantive sentence awarded to the accused applicant-appellant.

     Accordingly, the present suspension of sentence application

filed under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated 04.05.2012 in Sessions Case No.08/2010 against applicant-

appellant Shanker Lal S/o Choga Lal shall remain suspended till

final disposal of the aforesaid appeal, provided he executes a

personal bond in the 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 30.08.2022 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, he 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

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                                   pendency and disposal of cases in the trial court. In case the said

                                   accused-appellant does not appear before the trial court, the

                                   learned trial Judge shall report the matter to the High Court for

                                   cancellation of bail.

                                         In case the applicant-appellant commits any crime or indulge

                                   himself in any unlawful activity, irrespective of his role, if any,

                                   therein, in future, learned Public Prosecutor shall be free to move

                                   an application, in the present case as well, for cancellation of the

                                   present order of suspension of sentence.



                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

182-/Jitender//-

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