Rajasthan High Court - Jodhpur
Naresh vs State Of Rajasthan on 12 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 642/2022
1. Naresh S/o Shri Kantilal, Aged About 30 Years, R/o
Ghanchi Mohalla, Chhavani, Shivganj, Police Station
Shivganj, District Sirohi.
2. Dilip Kumar @ Dilli S/o Shri Gulabchand, Aged About 30
Years, R/o Harijan Basti Chhavani, Shivganj, Police
Station Shivganj, District Sirohi.
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Naresh Kumar
For Respondent(s) : Mr. AR Choudhary, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/05/2022
Admit.
Call for the record.
Heard learned counsel for the parties on application seeking
suspension of sentence no.401/2022.
Counsel for the appellant submits that the appellants were
on bail during trial and their sentence has already been suspended
temporarily for a period of one month by learned appellate court,
thus, prayed to suspend their sentence.
Learned PP opposed the application.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellants.
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(2 of 3) [CRLAS-642/2022]
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - (1) Naresh S/o Shri Kantilal and (2) Dilip
Kumar @ Dilli S/o Shri Gulabchand by the learned Sessions
Judge, Sirohi vide judgment dated 20.04.2022 in Sessions Case
No.41/2014 (CIS No.173/14) shall remain suspended till final
disposal of aforesaid appeal provided each of the appellant
executes a personal bond in a sum of Rs.50,000/- alongwith two
solvent sureties in the sum of Rs.25,000/- each to the satisfaction
of learned trial court for their appearance before this Court on
20.06.2022 and whenever called upon to do so till the disposal of
the appeal on the conditions inidcated below:-
(1) That he/she/they will appear before the trial court in
the month of January of every year till the appeal is
decided.
(2) That if the applicant(s) changes the place of residence,
he/she/they will give in writing his/her/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(s), they
will give in writing their changed address(s) to the trial
court.
The learned trial court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/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
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(3 of 3) [CRLAS-642/2022]
relating to pendency and disposal of cases in the trial court. In
case the said accused-applicant(s) 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.
169-Sanjay/-
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