Amraram vs State Of Rajasthan
2022 Latest Caselaw 3985 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 219/2022

Amraram S/o Sh. Tejaram, Aged About 26 Years, B/c Bhat, R/o
Indrko Ki Dhani, P.s. Rohat, Dist. Pali (Raj.). (At Present Not
Confined In Any Jail).
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Appellant(s)          :     Mr. Narpat Ram
For Respondent(s)         :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

14/03/2022

     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 petitioner and the learned

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

No.174/2022.

     Learned counsel for the appellant submits that the learned

trial court has already suspended the sentence temporarily.

     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 considers it just and proper to suspend the

substantive sentence awarded to the accused applicant-appellant.

     Accordingly, this S.B. Suspension of Sentence Application

(Appeal) No.174/2022 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 22.02.2022 in Sessions Case No.03/2021

against appellant Amraram S/o Sh. Tejaram 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 18.04.2022 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



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                                   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.

4-Sudheer/-

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