Bhopal Singh vs State Of Rajasthan
2022 Latest Caselaw 4711 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 267/2022

Bhopal Singh S/o Unkar Singh Bhati Rajput, Aged About 67
Years, R/o Charpotiya, P.s. Bhadesar, Dist. Chittorgarh (Raj.).
                                                                    ----Appellant
                                    Versus
1.     State Of Rajasthan
2.     Gheesulal S/o Bherulal, R/o Potala Kala, P.s. Bhadesar,
       Dist. Chittorgarh (Raj.).
                                                                 ----Respondents


For Appellant(s)          :     Mr. Anuj Sahlot
For Respondent(s)         :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

29/03/2022

     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.

     Issue notice to the respondent No.2, as the learned Public

Prosecutor already appearing on behalf of respondent No.1-State.

     Call for the record.

     Heard learned counsel for the parties on S.B. Criminal

Misc. (Suspension of Sentence) Application No.217/2022.

     Learned counsel for the appellant submits that the learned

trial court has already temporarily suspended the sentence of the

present appellant.



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        Having considered the totality of facts and circumstances of

the case, this Court deems it just and proper to suspend the

substantive sentence awarded to the accused appellant.

        Accordingly, S.B. Criminal (Suspension of Sentence)

Application No. 217/2022 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       08.03.2022             in   Criminal   Case

No.191/2015 (43/19) against appellant Bhopal Singh S/o Unkar

Singh Bhati Rajput 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 29.04.2022 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


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                                   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.

14-Zeeshan

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