Puran Mal vs State Of Rajasthan
2022 Latest Caselaw 3310 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 188/2022

Puran Mal S/o Ladu Lal, Aged About 23 Years, B/c Balai, R/o
Dantda, Police Station Shambhugarh, District Bhilwara. (Present
Lodged In Central Jail, Bhilwara)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan
                                                                   ----Respondent


For Appellant(s)          :     Mr. Padam Singh Solanki
For Respondent(s)         :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

03/03/2022

     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.146/2022.

     Learned counsel for the appellant submits that the appellant

was on bail during trial.

     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.

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     Accordingly,         S.B.      Criminal           Misc.         (Suspension        of

Sentence) Application No. 146/2022 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 06.01.2022 in

Sessions Case No.60/2015 against appellant Puran Mal S/o

Ladu 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 04.04.2022 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.



                                                                     (DR.PUSHPENDRA SINGH BHATI),J.

13-Zeeshan

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