Vijay Kumar vs State Of Rajasthan
2022 Latest Caselaw 7427 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 491/2022

Vijay Kumar S/o Chhagan Lal, Aged About 34 Years, R/o Jenapur
Police Station, Pindwara, District Sirohi (Raj.)
                                                                      ----Appellant
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Santos Kumar Herghar S/o Shri Punmaram Ji Sergara, R/
         o Jenapur, Pindwara, Sirohi, District Sirohi.
                                                                   ----Respondents


For Appellant(s)          :     Mr. Pritam Solanki
For Respondent(s)         :     Mr. S.K. Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

18/05/2022

     Admit.

     Issue notice to the respondent No.2 only, 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. Suspension

of Sentence (Appeal) No.355/2022.

     Learned counsel for the appellant submits that he has filed a

certificate today as the sentenced awarded to the appellant has

already been suspended by the learned trial court temporarily.

     Learned     Public   Prosecutor         opposes         the    suspension    of

sentence application.




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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 applicant-appellant.

     Accordingly, S.B. Suspension of Sentence (Appeal) No.

355/2022 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 25.02.2022 in Sessions Case No.38/2020

(CIS No.38/2020) against appellant- Vijay Kumar S/o Chhagan

Lal 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 27.06.2022 and whenever ordered 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 appellant/appellants changes the place
           of residence, he/she/they 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 his/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


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                                   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.

2-Zeeshan

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