Rajasthan High Court - Jodhpur
Rooparam vs State Of Rajasthan on 2 November, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 833/2022
Rooparam S/o Mafaji, Aged About 30 Years, R/o Magriwada Ps
Mandar Dist. Sirohi Raj. (Presently Lodged In Central Jail
Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. Sharwan Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
02/11/2022
Learned counsel for the appellant submits that out of total
sentence awarded, which was of seven years, the appellant has
already undergone a custody period of about five years, three
months and thirteen days as on 01.11.2022.
Learned counsel for the appellant further submits that there
are no previous criminal antecedents of the appellant.
Learned Public Prosecutor opposes the suspension of
sentence application, but is unable to refute the aforesaid
submissions.
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, the present Suspension of Sentence Application
filed under Section 389 Cr.P.C. is allowed and it is ordered that the
(Downloaded on 03/11/2022 at 08:38:47 PM)
(2 of 2) [SOSA-833/2022]
substantive sentence passed by the trial court vide judgment
dated 25.08.2022 in Sessions Case No.110/2017 against
appellant- Rooparam S/o Mafaji shall remain suspended till final
disposal of the aforesaid appeal, provided 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 05.12.2022 and whenever ordered to
do so, till the disposal of the appeal on the conditions indicated
below:-
1. That he 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, 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 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
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.
262-Sudheer/-
Powered by TCPDF (www.tcpdf.org)
