Rajasthan High Court - Jodhpur
Narayanram @ Ramnarayan vs State Of Rajasthan on 7 November, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1601/2022
Narayanram @ Ramnarayan S/o Sh. Rampratap, Aged About 70
Years, 5-W, P.s. Kesrisinghpur, Teh. Sri Karanpur, Dist. Sri
Ganganagar (Raj.). (At Present Lodged In Central Jail, Sri
Ganganagar).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Rajesh Panwar, Sr. Adv. assisted
by Mr. Gaurav Maru.
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.953/2022.
Learned counsel for the applicant-appellant submits that the
father Teja Ram, maternal uncle Hem Raj and other crucial
witness Bhanwar Lal did not support the prosecution story.
Learned counsel for the applicant-appellant further submits
that the FSL report does not point out any corroboration of the
allegation. Learned counsel also submits that the age of the
applicant-appellant is 74 years as on today.
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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
dated 19.09.2022 in Session Case No.139/2021 against applicant-
appellant - Narayanram @ Ramnarayan S/o Sh. Rampratap
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
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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.
7-/Jitender//-
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