Rajasthan High Court - Jodhpur
Phool Shanker Damor vs State Of Rajasthan on 31 May, 2022
Bench: Pushpendra Singh Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 772/2022
Phool Shanker Damor S/o Sh. Jeeva Damor, Aged About 46
Years, Dwarkapuri, Hiran Magari, P.s. Hiran Magri, Udaipur
(Raj.).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Naresh Singh
For Respondent(s) : Mr. A.R. Choudhary, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
(VACATION JUDGE)
Order
31/05/2022
Admit.
Call for the record.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.480/2022.
Counsel for the appellant submits that the appellant was on
bail during trial and his sentence has already been suspended
temporarily for a period of one month by the learned trial court
itself, 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.
(2 of 3) [CRLAS-772/2022]
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Phool Shanker Damor S/o Sh. Jeeva Damor, by
the learned trial Court vide judgment dated 05.05.2022 in
Criminal Case No.72/2008 (CIS No.2087/2014) shall remain
suspended till final disposal of aforesaid appeal provided each he
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 his appearance before this Court on
20.07.2022 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
(3 of 3) [CRLAS-772/2022]
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), VJ
206-Sanjay/Ishan/-
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