Mahaveer vs State Of Rajasthan
2022 Latest Caselaw 4166 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Cri. Misc 5th Suspension Of Sentence Appli. No. 190/2022 in S.B.Criminal Appeal No.900/2015

Mahaveer S/o Sh. Hetram, Aged About 35 Years, B/c Nayak, R/o 50 NP, Teh. Raisinghnagar, Dist. Sriganganagar (Raj.). (At Present Lodged In Central Jail, Sri Ganganagar).

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

----Respondent

For Petitioner(s) : Mr.Navneet Poonia on behalf of Mr.Trilok Joshi, Adv.

For Respondent(s) : Ms.Anita Gehlot, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

15/03/2022

Heard learned counsel for the appellant as well as learned

public prosecutor and perused the record.

Learned counsel for the appellant submits that appellant is in

judicial custody for more than 8 years of imprisonment and

hearing of the appeal will take a sufficient long time. In these

circumstances, the sentence awarded to the appellant may be

suspended during the pendency of the appeal.

Learned Public Prosecutor has placed on record a report dt.

15.03.2022 received from the Superintendent, Central Jail, Sri

Ganganagar wherein it is mentioned that accused-appellant

Mahaveer has already served 8 year and 5 month of sentence out

of the total sentence of 20 years.

(2 of 3) [SOSA-190/2022]

Having considered the totality of facts and circumstances of

the case and keeping in view the fact that the appellant has

already served more than 8 years of sentence and hearing of the

appeal is likely to take further time, I consider it just and proper

to suspend the substantive sentence awarded to the accused

appellant.

Accordingly, the fifth bail application filed by the appellant

under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the learned Special Judge

(Women Atrocities & Dowry Cases), Sri Ganganagar vide judgment

dated 07.08.2015 in Sessions Case No.93/2013 against the

accused-appellant Mahaveer S/o Sh. Hetram shall remain

suspended till final disposal of the aforesaid appeal subject to

depositing the fine amount. The appellant shall be released on bail

provided he executes a personal bond in the sum of Rs.1,00,000/-

with two sureties of Rs.50,000/- each to the satisfaction of the

learned trial Judge for his appearance before 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. That similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

4. That the appellant shall deposit the fine amount as directed by the trial court.

(3 of 3) [SOSA-190/2022]

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

accused-appellant does not not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(MANOJ KUMAR GARG),J 102-NK/-

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