Rajasthan High Court - Jodhpur
Payal Pujari vs State Of Rajasthan on 20 May, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 652/2022
Payal Pujari D/o Sh. Bhagawati Lal Pujari, Aged About 20 Years,
Village Kolyari P/o Falasiya Dist. Udaipur Presently Residing At
Kanhaiya Nagar, Rampura P.s. Ambamata, Udaipur. (Appeallant
Is Not In Custody).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Ranjeet Singh Chouhan
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/05/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent-State. Hence, notice need not be issued.
Call for the record.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.412/2022.
Learned counsel for the appellant submits that the sentence
awarded to the appellant has been temporarily suspended by the
learned trial court.
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.
412/2022 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 21.04.2022 in Criminal Regular Case
No.382/2021 against appellant- Payal Pujari D/o Shri
Bhagawati Lal Pujari shall remain suspended till final disposal of
the aforesaid appeal, provided she 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 her appearance in this
Court on 28.06.2022 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
1. That she 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, she will give in writing her 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.
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 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.
5-Zeeshan
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