Citation : 2022 Latest Caselaw 7793 Raj
Judgement Date : 24 May, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 747/2022
1. Pappu Lal Gadri S/o Sh. Heera La Gadri, Aged About 30
Years, Gadri Khera, P.s. Chanderia Dist. Chittorgarh, Raj.
2. Garu Lal S/o Sh. Heera Lal Gadri, Aged About 28 Years,
Gadri Khera, P.s. Chanderia Dist. Chittorgarh, Raj.
3. Shambhu Lal S/o Sh. Hazari Gadari, Aged About 45
Years, Gadri Khera, P.s. Chanderia Dist. Chittorgarh, Raj.
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Zafar Khan
For Respondent(s) : Mr. Mohd. Javed, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/05/2022
Admit.
Call for the record.
Heard learned counsel for the parties on application seeking
suspension of sentence no.463/2022.
Counsel for the appellant informs that the sentence of
appellants has already been suspended temporarily for a period of
one month by the learned appellate court, thus, prayed to
suspend the 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 appellant.
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Accordingly, this application for suspension of sentence is
allowed and it is directed that the sentences awarded to appellant/
s - (1) Pappu Lal Gadri S/o Sh. Heera La Gadri (2) Garu Lal
S/o Sh. Heera Lal Gadri and (3) Shambhu Lal S/o Sh.
Hazari Gadari, by the learned Special Judge, SC/ST Prevention of
Atrocities Act Cases, Chittorgarh vide judgment dated 30.04.2022
in Criminal Regular Case No.236/2017 (106/2019) shall remain
suspended till final disposal of aforesaid appeal provided each of
the appellants execute 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 11.07.2022 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
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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.
151-Sanjay/-
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