Rajasthan High Court - Jodhpur
Pitha Ram vs State Of Rajasthan on 16 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-653/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 653/2022
1. Pitha Ram S/o Sh. Bodu Ram, Aged About 56 Years,
Tilanes, P.s. Degana, Dist. Nagaur. (At Present Lodged At
Sub Jail, Parbatsar).
2. Premsukh @ Gena Ram S/o Sh. Pitha Ram, Aged About
36 Years, Tilanes, P.s. Degana, Dist. Nagaur. (At Present
Lodged At Sub Jail, Parbatsar).
3. Nathu Singh S/o Sh. Shaitan Singh, Aged About 48 Years,
Tilanes, P.s. Degana, Dist. Nagaur. (At Present Lodged At
Sub Jail, Parbatsar).
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Vishal Sharma.
For Respondent(s) : Mr. Arun Kumar, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
16/05/2022
Admit.
Call for the record.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.413/2022.
Counsel for the appellant submits that the appellants are in
custody since 14.07.2019 and have undergone sentence of about
02 years and 10 months whereas the total sentence awarded is of
three years' S.I.
Learned PP is unable to refute the aforesaid fact.
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(2 of 3) [CRLAS-653/2022]
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.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - (1) Pitha Ram S/o Sh. Bodu Ram (2) Premsukh
@ Gena Ram and (3) Nathu Singh S/o Sh. Shaitan Singh by
the learned Additional Sessions Judge, Merta vide judgment dated
11.05.2022 in Sessions Case No.55/2019 shall remain suspended
till final disposal of aforesaid appeal provided each of the
appellant executes a personal bond for 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 indicated
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.
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(3 of 3) [CRLAS-653/2022]
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
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.
154-Sanjay/-
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