Rajasthan High Court - Jodhpur
Anil Kumar vs State Of Rajasthan on 18 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 685/2022
Dheeraj S/o Moolchand, Aged About 33 Years, Santoshi Nagar,
P.s. Shivganj, Dist. Sirohi.
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Appeal (Sb) No. 686/2022
1. Veeru Kumar S/o Kailash
Kumar, Aged About 26 Years,
R/o Santoshi Nagar, P.s.
Shivganj, District Sirohi.
2. Shankar Lal S/o Kailash Kumar,
Aged About 31 Years, R/o
Santoshi Nagar, P.s. Shivganj,
District Sirohi.
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Appeal (Sb) No. 687/2022
1. Anil Kumar S/o Ram Prasad,
Aged About 33 Years, R/o
Harijan Basti Ps Shivganj Dist.
Sirohi
2. Narayan Lal @ Nariya S/o
Ramaram, Aged About 27
Years, R/o Santoshi Nagar Ps
Shivganj Dist. Sirohi
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Umesh Kant Vyas
Mr. Naman Mohnot
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
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Order
18/05/2022
Admit.
Call for the record.
Heard learned counsel for the parties on application seeking
suspension of sentence nos.426//2022, 428/2022 &
427/2022.
Counsel for the appellants 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 applications.
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, these application for suspension of sentences
no.426//2022, 428/2022 & 427/2022 are allowed and it is
directed that the sentences awarded to appellants - (1) Dheeraj
S/o Moolchand, (2) Veeru Kumar S/o Kailash Kumar, (3)
Shankar Lal S/o Kailash Kumar, (4) Anil Kumar S/o Ram
Prasad, & (5) Narayan Lal @ Nariya S/o Ramaram, by the
learned Sessions Judge, Sirohi vide judgment dated 30.04.2022
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
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this Court on 04.07.2022 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
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.
157-159-Sudheer/-
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