Prakash vs State Of Rajasthan
2022 Latest Caselaw 8446 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                  S.B. Criminal Appeal No. 636/2022

1.      Prakash S/o Bhagu Ram, Aged About 45 Years, Bettan Ps
        Gotan Dist. Nagaur. (At Present Lodged In Central Jail,
        Ajmer).
2.      Deena Ram S/o Bhagu Ram, Aged About 41 Years, Bettan
        Ps Gotan Dist. Nagaur. (At Present Lodged In Central Jail,
        Ajmer).
                                                                  ----Appellants
                                    Versus
State Of Rajasthan.
                                                                 ----Respondent


For Appellant(s)          :     Mr. R.S. Gill
For Respondent(s)         :     Mr. Gaurav Singh, PP
                                Mr. Devendra Khatri



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

29/06/2022
     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.399/2022.


     Learned counsel for the appellant submits that the nature of

injuries are simple, which is reflected in Exhibit P-4 and P-10.


     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 appellants.

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     Accordingly, S.B. Suspension of Sentence (Appeal) No.

399/2022 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 05.05.2022 in Sessions Case No. 15/12

against appellants (1) Prakash S/o Bhagu Ram and (2) Deena

Ram S/o Bhagu Ram shall remain suspended till final disposal of

the aforesaid appeal, provided each of them 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 their

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 they will appear before the trial Court in the

           month of January of every year till the appeal is

           decided.


     2.    That if the appellants changes the place of

           residence, they will give in writing 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,

           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-appellants in a separate file. Such file be registered

as Criminal misc. Case related to original case in which the

accused-appellants were tried and convicted. A copy of this order

shall also be placed in that file for ready reference. Criminal Misc.
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                                   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 appellants 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.

4-Zeeshan/Jitender

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