Narayan Singh vs State Of Rajasthan
2022 Latest Caselaw 3181 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 180/2022

1.     Narayan Singh S/o Shri Kojraj Singh, Aged About 39
       Years,
2.     Om Singh S/o Shri Mandar Singh, Aged About 33 Years,
       All are by caste Rajput, R/o Swaisingh Basti Balai, Police
       Station Shiv, District Barmer (Raj.)
                                                                 ----Appellants
                                   Versus
State Of Rajasthan
                                                                ----Respondent


For Appellant(s)         :     Mr. Surendra Bagmalani
For Respondent(s)        :     Mr. Gaurav Singh, PP
                               Mr. V.L.S. Rajpurohit



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

02/03/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     Admit.

     Call for the record.

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

Misc. (Suspension of Sentence) Application No.129/2022.

     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.      Criminal           Misc.         (Suspension     of

Sentence) Application No. 129/2022 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 11.02.2022 in

Sessions Case No. 88/2015 against appellants- (1) Narayan

Singh S/o Shri Kojraj Singh and (2) Om Singh S/o Shri

Mandar Singh 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 04.04.2022 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.

9-Zeeshan

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