Sanklaram vs State Of Rajasthan
2022 Latest Caselaw 4317 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                         No. 144/2022

Sanklaram S/o Lalaram, Aged About 25 Years, R/o Khadra Fali
Aradwa, Police Station Nana, District Pali. (Presently Lodged At
Central Jail, Jodhpur)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent



For Petitioner(s)        :     Mr. Bharat Shrimali
For Respondent(s)        :     Mr. Mukhtiyar Khan, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

16/03/2022
     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 the Court, for the safety

of all concerned.

     Heard learned counsel for the parties and perused the

record.

     Counsel for the appellant submits that the appellant is in

custody for about 2 ½ years. He was on bail during trial and there

are no previous criminal antecedents of the present appellant,

thus, prayed to suspend his sentence.

     Learned PP opposed the 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.



                    (Downloaded on 16/03/2022 at 08:55:56 PM)
                                            (2 of 3)                      [SOSA-144/2022]


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

144/2022 filed under Sec.389 Cr.P.C. is allowed and it is ordered

that the substantive sentence passed by learned Additional

Sessions Judge, Bali, District Pali vide judgment dated 15.11.2021

in Sessions Case No.02/2015 against appellant Sanklaram S/o

Lalaram shall remain suspended till final disposal of 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 learned trial Judge for his appearance in this court

on 28.04.2022 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

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


                       (Downloaded on 16/03/2022 at 08:55:56 PM)
                                                                                (3 of 3)                [SOSA-144/2022]


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

                                   cancellation of bail.


                                                                    (DR. PUSHPENDRA SINGH BHATI),J.

116-Sanjay/-

Powered by TCPDF (www.tcpdf.org)