Rajasthan High Court - Jodhpur
Ran Singh vs State Of Rajasthan on 15 March, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-191/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 191/2022
1. Ran Singh S/o Devi Singh, Aged About 30 Years, R/o Para
P.s. Barmer Rural, District Barmer. (At Present Lodged In
District Jail, Barmer)
2. Karan Singh S/o Lakh Singh, Aged About 30 Years, R/o
Mahadan Singh Ki Dhani, Jasai, P.s. Barmer Rural, District
Barmer. (At Present Lodged In District Jail, Barmer)
3. Durg Singh S/o Guman Singh, Aged About 33 Years, R/o
Jasai, P.s. Barmer Rural, District Barmer. (At Present
Lodged In District Jail, Barmer)
----Appellants
Versus
1. State Of Rajasthan, Through Pp
2. Jai Ram S/o Dalla Ram, Teacher , B/c Meghwal, R/o Jasai,
P.s. Barmer Rural, District Barmer.
----Respondents
For Appellant(s) : Mr. RJ Punia
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/03/2022
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.
The record has been received.
Despite service, no one has put in appearance on behalf of
the respondent No.2.
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(2 of 3) [CRLAS-191/2022]
Heard learned counsel for the appellant and the learned
Public Prosecutor on S.B. Suspension of Sentence (Appeal)
No.148/2022.
Learned counsel for the appellant submits that the appellants
were on bail during trial. It is also contended that the sentence is
of four years.
Learned Public Prosecutor opposes the suspension of
sentence 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, this S.B. Suspension of Sentence Application
(Appeal) No.148/2022 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 24.02.2022 in Sessions Case No.35/2014
against appellants (1) Ran Singh S/o Devi Singh, (2) Karan
Singh S/o Lakh Singh & (3)Durg Singh S/o Guman Singh
shall remain suspended till final disposal of the aforesaid appeal,
provided they execute 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 their 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 they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants change the place of
residence, he will give in writing his changed
address to the trial Court as well as to the counsel
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(3 of 3) [CRLAS-191/2022]
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
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.
13-Sudheer/-
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