Rajasthan High Court - Jodhpur
Kauwa Ram @ Kauwda vs State Of Rajasthan on 5 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-510/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 510/2022
1. Kauwa Ram @ Kauwda S/o Lal Ji Rot, Aged About 35
Years,
2. Ishwar S/o Vaga Rot, Aged About 35 Years,
3. Ram Lal S/o Shankar Rot, Aged About 50 Years,
4. Smt Ramila W/o Ram Lal Rot, Aged About 45 Years,
All R/o Hirata Ps Varda Dist. Dungarpur
(Sentence Already Suspended)
----Appellants
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. Yashwant Roy Gharu for
Mr. Jitendra Ojha
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
05/05/2022
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.
Learned Public Prosecutor already appearing on behalf of
respondent-State. Hence, notice need not be issued.
Call for the record.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.361/2022.
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Learned counsel for the appellants submits that the learned
trial court has already temporarily suspended the sentence of the
appellants.
Learned Public Prosecutor opposes the suspension of
sentence application.
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 applicant-appellants.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
361/2022 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 20.04.2022 in Criminal (Sessions) Case
No.02/2018 (CIS No.244/2017) against appellants- (1) Kauwa
Ram @ Kauwda S/o Lal Ji Rot, (2) Ishwar S/o Vaga Rot, (3)
Ram Lal S/o Shankar Rot and (4) Smt Ramila W/o Ram Lal
Rot shall remain suspended till final disposal of the aforesaid
appeal, provided each of them executes a personal bond in a 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 27.06.2022 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 changes the place of
residence, they will give in writing their changed
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their address,
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(3 of 3) [CRLAS-510/2022]
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-appellants in a separate file. Such file be registered
as Criminal misc. Case related to original case in which the
accused-appellants were 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 appellants do 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.
15-Zeeshan
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