Rajveer vs State
2022 Latest Caselaw 3311 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 186/2022

Rajveer S/o Atar Singh Jat, Aged About 23 Years, R/o Medipirsu,
P.s. Badhnu Dist. Bhiwani (Haryana).
(Appellant Is In Jail At Bhilwara).
                                                                     ----Appellant
                                    Versus
State of Rajasthan.
                                                                   ----Respondent


For Appellant(s)          :     Mr. Awar Dan Ujjwal
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.138/2022.

     Learned counsel for the appellant submits that the sentence

awarded to the appellant is three years and the appellant has

already undergone custody of about four months.

     Learned     Public   Prosecutor         opposes         the   suspension    of

sentence application.




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     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.      Criminal           Misc.         (Suspension        of

Sentence) Application No. 138/2022 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 09.02.2022 in

Sessions Case No.38/2021 (02/2020) (17/2013) against appellant

Rajveer S/o Atar Singh Jat 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

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                                   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

                                   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.

12-Zeeshan

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