Rajasthan High Court - Jodhpur
Sanwla Ram vs State Of Rajasthan on 7 November, 2022
Bench: Pushpendra Singh Bhati
(1 of 2) [CRLAS-1622/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1622/2022
Sanwla Ram S/o Shri Taga Ram, Aged About 28 Years, R/o
Sarwana, Police Station Sarwana, District Jalore. (Presently
Lodged In Sub Jail Sanchore, District Jalore)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Vijay Raj Bishnoi.
For Respondent(s) : Mr. Arun Kumar, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/11/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent - State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.972/2022.
Learned counsel for the applicant-appellant submits that the
applicant-appellant is in custody since about eight years and seven
months out of the total sentence of ten years.
Learned Public Prosecutor opposes the suspension of
sentence application.
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) filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
(Downloaded on 09/11/2022 at 08:45:56 PM)
(2 of 2) [CRLAS-1622/2022]
dated 27.09.2022 in Sessions Case No.39/2020 against applicant-
appellant - Sanwla Ram S/o Shri Taga Ram 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 09.12.2022 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 applicant-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-applicant-appellant in a separate file. Such file be
registered as Criminal misc. Case related to original case in which
the accused-applicant-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 applicant-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.
201-/Jitender//-
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