Chiman @ Seman vs State Of Rajasthan
2022 Latest Caselaw 3757 Raj

(1 of 3) [SOSA-52/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 52/2021

Chiman @ Seman S/o Sh. Maniya, Aged About 36 Years, B/c Machhar, R/o Gagandtalai, P.s. Sallopat, Dist. Banswara, Rajasthan. (Presently Lodged In Central Jail, Udaipur).

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

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Mr. M.S. Bhati, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

10/03/2022

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 learned counsel for the parties and perused the

material available on record.

Learned counsel for the appellant submits that no weapon

was used in the crime. Learned counsel further submits that it was

some difference between the appellant and the deceased, which

resulted into the appellant beating the deceased with his bare

hands.

Learned Public Prosecutor opposes the suspension of

sentence application but submits that the appellant is in custody

since about four years and nine months.

(2 of 3) [SOSA-52/2021]

This Court, looking into the fact that there are no previous

criminal antecedents of the appellant and there was no previous

animosity, is inclined to suspend the substantive sentence

awarded to the accused-appellant.

Accordingly, this S.B. Suspension of Sentence Application

(Appeal) 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 19.12.2020 in Sessions Case No.163/2017

against appellant Chiman @ Seman S/o Sh. Maniya 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

11.04.2022 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.

(3 of 3) [SOSA-52/2021]

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

116-Zeeshan

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