Devchand @ Devi Lal vs State Of Rajasthan
2022 Latest Caselaw 3486 Raj

(1 of 3) [CRLAS-45/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 45/2022

Devchand @ Devi Lal S/o Faturiya Thuri, Aged About 50 Years, Bari Siyatalai, Banswara Kotwali Police Station, Dist. Banswara. (Lodged In Central Jail, Udaipur).

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Bhawani Singh Mertia For Respondent(s) : Mr. Sudhir Tak, PP Mr. Gaju Singh

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

07/03/2022

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.

Counsel for appellant submits that the sentence awarded is

of five years' simple imprisonment.

Counsel for the complainant present before the Court

submits that the complainant and appellant have entered into

compromise.

Learned PP does not dispute the aforesaid proposition.

Be that as it may, looking into the factual matrix and totality of facts

and circumstances of the case, this Court considers it just and

proper to suspend the substantive sentence awarded to the

accused-appellant.

(2 of 3) [CRLAS-45/2022]

Accordingly, S.B. Suspension of Sentence (Appeal) No.

29/2022 filed under Sec.389 Cr.P.C. is allowed and it is ordered

that the substantive sentence passed by learned Additional

Sessions Judge, Banswara vide judgment dated 17.11.2021 in

Sessions Case No.192/2011 (C.I.S. No.165/2014) against

appellant Devchand @ Devi Lal S/o Faturiya Thuri 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 20.04.2022

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

pendency and disposal of cases in the trial court. In case the said

(3 of 3) [CRLAS-45/2022]

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.

(PUSHPENDRA SINGH BHATI),J 1-Sanjay/-

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