Pauburam vs State Of Rajasthan
2022 Latest Caselaw 13341 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 1666/2022

Pauburam S/o Parturam Vishnoi, Aged About 65 Years, R/o
Rampura Basti Gali No. 2 Lalgarh Bikaner Presently Lodged In
Central Jail Bichwal Bikaner
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Appellant(s)          :     Mr. Nitesh Mathur.
For Respondent(s)         :     Mr. Arun Kumar, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

14/11/2022

     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.1001/2022.

     Learned counsel for the applicant-appellant submits that 30

days of the custody has been completed and the record of the

case has been received.

     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

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                                   substantive sentence passed by the trial court vide judgment

                                   dated 13.10.2022 in Session Case No.17/2015 against applicant-

                                   appellant - Pauburam S/o Parturam Vishnoi 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 19.12.2022 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.

5-/Jitender//-

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