Rajasthan High Court - Jodhpur
Ugrasen @ Surendra Baba vs State Of Rajasthan on 10 November, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1742/2022
1. Ugrasen @ Surendra Baba S/o Madanlal, Aged About 32
Years, R/o Village Daulatpura P.s. Mathilirathan, Tehsil
And District Sriganganagar.
2. Sanjay @ Sanju S/o Balwantram, Aged About 24 Years,
R/o Jandwala Hanumata, P.s. Khuiyasarvar, Dist. Faljika
Punjab.
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Umesh Kant Vyas
For Respondent(s) : Mr. M.S. Bhati, PP
Mr. Vikas for Mr. Rakesh Matoria
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
10/11/2022
Admit.
Call for the record.
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.1043/2022.
Learned counsel for the accused-appellants submits that the
appellants' sentence has already been temporarily suspended by
the learned trial court.
Learned Public Prosecutor opposes the suspension of
sentence application.
(2 of 3) [CRLAS-1742/2022]
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 374 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
dated 11.10.2022 in Sessions Case No.08/2021 (CIS No.23/2021)
against appellants- (1) Ugrasen @ Surendra Baba S/o
Madanlal (2) Sanjay @ Sanju S/o Balwantram 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 13.12.2022 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 changes 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-appellants in a separate file. Such file be registered
as Criminal misc. Case related to original case in which the
accused-appellants were tried and convicted. A copy of this order
shall also be placed in that file for ready reference. Criminal Misc.
(3 of 3) [CRLAS-1742/2022]
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.
Connect with S.B. CRLAS No.1739/2022.
(DR. PUSHPENDRA SINGH BHATI),J
4-nirmala/-
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