Nepal Singh vs State Of Rajasthan
2022 Latest Caselaw 3358 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 200/2022

1.     Nepal Singh S/o Bapu Singh, Aged About 39 Years,
       Hanumantiya Ka Kheda, P.s. Suvasara, Dist. Mandsore
       (Mp). (Presently Lodged At Dist. Jail, Chittorgarh).
2.     Kripal Singh S/o Umrao Singh, Aged About 40 Years,
       Samli, P.s. Suvasara, Dist. Mandsore (Mp). (Presently
       Lodged At Dist. Jail, Chittorgarh).
                                                                  ----Appellants
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Appellant(s)          :     Mr. Hukam Singh Chouhan
For Respondent(s)         :     Mr. Sudhir Tak, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

04/03/2022
     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.

     Heard.

     Admit

     Issue notice.

     Learned Public Prosecutor accepts notice on behalf of the

State. Hence, notice need not be issued.

     Call for the record.




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     Heard learned counsel for the petitioner and learned Public

Prosecutor     on        S.B.      Suspension           of     Sentence   (Appeal)

No.154/2022.


     Learned counsel for the appellant submits that the sentence

is of a year. It is also contended the contraband recovered in this

case is below commercial quantity.

     Learned Public Prosecutor has opposed the application.

     Having considered the totality of facts and circumstances of

the case, this Court considers it just and proper to suspend the

substantive sentence awarded to the accused applicant-appellant.

     Accordingly, the Suspension of Sentence 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 23.02.2022 in

Sessions Case No.109/2011 (C.S Filling No.509/2011) against

applicant-appellants (1) Nepal Singh S/o Bapu Singh, and (2)

Kripal Singh S/o Umrao Singh shall remain suspended till final

disposal of the aforesaid appeal, provided they execute 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 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, he will give in writing his changed

             address to the trial Court as well as to the counsel


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                                                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-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.

144-Sudheer/-

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