Rajasthan High Court - Jodhpur
Rughnathdan vs State Of Rajasthan on 10 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 621/2022
Rughnathdan S/o Shri Khemdan, Aged About 39 Years, R/o
Colonization Colony, Bajju, District Bikaner Presently Working As
Patwari (Halka Bikampur, Colonization Tehsil No. 03, Kolayat,
Headquarter Bajju, District Bikaner)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Ankit Choudhary
For Respondent(s) : Mr.Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
10/05/2022
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.
List as soon as the record is received.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.392/2022.
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(2 of 3) [CRLAS-621/2022]
Learned counsel for the appellant submits that the sentence
in question is temporarily suspended by the learned trial court
itself.
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-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
392/2022 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 30.04.2022 in Sessions Case No.10/2016
against appellant- Rughnathdan S/o Shri Khemdan shall
remain suspended till final disposal of the aforesaid appeal,
provided that he 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 his appearance in this
Court on 04.07.2022 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.
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(3 of 3) [CRLAS-621/2022]
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 said
accused appellant 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.
142-Sudheer/-
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