Dava @ Davilal vs State
2022 Latest Caselaw 8370 Raj

                                      (1 of 3)                   [CRLAS-1021/2021]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 1021/2021

Dava @ Davilal S/o Ladaji, Aged About 27 Years, B/c Maeyda, R/
o Bijaleya, Police Thana Sadar, Dist. Banswara. (Accused Lodged
At Dist. Jail, Banswara).
                                                                   ----Appellant
                                    Versus
State, Through Pp
                                                                 ----Respondent


For Appellant(s)          :     Mr. Parikshit Nayak
For Respondent(s)         :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

28/06/2022

     Admit.

     Issue notice.

     Learned Public Prosecutor accepts notice on behalf of the

State. Hence, notice need not be issued.

     Heard learned counsel for the parties on S.B. Suspension

of Sentence (Appeal) No.702/2021.

     Learned counsel for the appellant submits that the allegation

against the present appellant are that they entered in the house of

the complainant at about 1:00 in the night and overturn the filled

drums and also dug some corners of the house and took away

mobile and some silver articles and also Rs.250/- from the purse.

It is also alleged that they also took the axe from the house and

while they leaving, they threatened the family members. Learned

counsel further submits that all the appellant has undergone the



                     (Downloaded on 29/06/2022 at 08:11:31 PM)
                                      (2 of 3)                     [CRLAS-1021/2021]



sentence of about one year. Learned counsel also submits that the

trial is likely to take some long time.

     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 appellant.

     Accordingly,   S.B.     Suspension            of    Sentence       (Appeal)

No.702/2021 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 05.10.2021 in Session Case No.25/2015

against appellant Dava @ Davilal S/o Ladaji 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 28.07.2022 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

                    (Downloaded on 29/06/2022 at 08:11:31 PM)
                                                                             (3 of 3)                   [CRLAS-1021/2021]



                                   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.

7-Zeeshan

Powered by TCPDF (www.tcpdf.org)