Bhojraj vs State Of Rajasthan
2022 Latest Caselaw 3362 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                  S.B. Criminal Appeal No. 198/2022

Bhojraj S/o Banshi Lal, Aged About 33 Years, Urna, P.s.
Shakkargarh, Dist. Bhilwara.
                                                                    ----Appellant
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Appellant(s)           :     Mr. OP Sangwa
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.

     Heard learned counsel for the petitioner and learned Public Prosecutor on S.B.

Suspension of Sentence (Appeal) No.152/2022.


     Learned counsel for the appellant submits that the sentence

is of two years. It is also contended the sentence awarded to the




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appellant has already been suspended temporarily by the learned

trial court.

      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 18.02.2022 in

Sessions Case No.39/2013 against applicant-appellant Bhojraj S/

o Banshi 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.




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                                         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

                                   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.

142-Sudheer/-

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