Rajasthan High Court - Jodhpur
Mangilal vs State Of Rajasthan on 9 November, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1754/2022
1. Mangilal S/o Shri Kishnaram, Aged About 45 Years, R/o
Malusar, Police Station Malusar, District Nagaur.
2. Om Prakash S/o Shri Chandra Ram, Aged About 30 Years,
R/o Meghwalon Ka Bass, Maulsar, Police Station Maulsar,
District Nagaur.
----Appellants
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. M.S. Panwar
For Respondent(s) : Mr. M.S. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/11/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent-State. Hence, notice need not be issued.
Call for the record.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.1050/2022.
Learned counsel for the appellants submits that the sentence
awarded to the appellants has been temporarily suspended by the
learned trial court.
Learned Public Prosecutor opposes the suspension of
sentence application.
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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-appellants.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
1050/2022 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 21.10.2022 in Sessions No.19/2013
(72/2014) against appellants- (1) Mangilal S/o Shri Kishnaram
and (2) Om Prakash S/o Shri Chandra Ram, shall remain
suspended till final disposal of the aforesaid appeal, provided each
of them execute 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 their appearance in this Court on 12.12.2022 and
whenever ordered to do so, till the disposal of the appeal on the
conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants change the place of
residence, they will give in writing 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,
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
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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-appellants 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.
219-Zeeshan
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