Rajasthan High Court - Jodhpur
Pappu @ Mangla Ram vs State Of Rajasthan on 11 November, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1581/2022
Pappu @ Mangla Ram S/o Shri Sanvala Ram, Aged About 35
Years, R/o Bherusari, Tehsil Rawatsar, District Hanumangarh. (At
Present Lodged At Sub Jail, Nohar)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Vikas Bijarnia
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/11/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.942/2022.
Counsel for the appellant submits that on 'Holi' altercation
took place. Counsel for the appellant also submits there are cross-
case from both the sides.
Counsel for the appellant submits that the appellant is in
custody for last about 01 year and 13 days as on 14.10.2022.
Counsel for the appellant further submits that hearing of
appeal is likely to take a long time, thus, prayed to suspend the
sentence.
Learned PP is unable to refute the aforesaid submissions.
(2 of 3) [CRLAS-1581/2022]
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s - Pappu @ Mangla Ram S/o Shri Sanvala Ram by the
learned ADJ No.1, Nohar, District Hanumangarh vide judgment
dated 06.09.2022 in Sessions Case No.71/2014 shall remain
suspended till final disposal of aforesaid appeal provided he
executes a personal bond for a sum of Rs.50,000/- alongwith two
solvent sureties in the sum of Rs.25,000/- each to the satisfaction
of learned trial court for his appearance before this Court on
16.12.2022 and whenever called upon to do so till the disposal of
the appeal on the conditions indicated below:-
(1) That he/she/they will appear before the trial court in
the month of January of every year till the appeal is
decided.
(2) That if the applicant(s) changes the place of residence,
he/she/they will give in writing his/her/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(s), they
will give in writing their changed address(s) to the trial
court.
The learned trial court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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
(3 of 3) [CRLAS-1581/2022]
relating to pendency and disposal of cases in the trial court. In
case the said accused-applicant(s) does 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
452-Sanjay/-
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