Rajasthan High Court - Jodhpur
Anil Kumar Agarwal vs State Of Rajasthan on 14 November, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-1664/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1664/2022
Shailendra Surana S/o Sh. Mohan Singh Surana, Aged About 50
Years, H.no. 84, Street No. 3, Vardhman Colony, Bhilwara (The
Then Lower Division Clerk, Regional Office, Raj. State Pollution
Control Board, Bhilwara), Raj. (Lodged In Central Jail, Ajmer).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Appeal (Sb) No. 1668/2022
Anil Kumar Agarwal S/o Rambabu Agarwal, Aged About 44
Years, R/o House No. 149 Shripuram Gurjar Ki Thadi Jaipur The
Then Assistant Engineer (Pollution) Regional Office Raj. State
Pollution Control Division Bhilwara Raj. (At Present Confined In
Central Jail Bhilwara)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. KL Thakur
Mr. M.S. Panwar.
Mr. Amit Saxena.
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 the
respondent - State. Hence, notice need not be issued.
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(2 of 3) [CRLAS-1664/2022]
Heard learned counsels for the parties on S.B. Criminal
Misc. Bail (Suspension of Sentence) Petition No.999/2022
(In S.B. Criminal Appeal No. 1664/2022) and S.B. Criminal
Misc. Bail (Suspension of Sentence) Application
No.1002/2022 (In S.B. Criminal Appeal No. 1668/2022).
Learned counsels for the applicant-appellants submit that the
30 days of the custody period has been completed and record of
the case has been received.
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)
Applications No.999/2022 & 1002/2022 filed under Section
389 Cr.P.C. are allowed and it is ordered that the substantive
sentence passed by the trial court vide judgment dated
15.10.2022 in Sessions Case No.62/2015(40/2011) against
applicant-appellants (1) Shailendra Surana S/o Sh. Mohan
Singh Surana and (2) Anil Kumar Agarwal S/o Rambabu
Agarwal shall remain suspended till final disposal of the aforesaid
appeals, 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 19.12.2022 and whenever ordered to do so, till the
disposal of the appeals on the conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeals
are decided.
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2. That if the applicant-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-applicant-appellants in a separate file. Such file be
registered as Criminal misc. Case related to original case in which
the accused-applicant-appellants 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 relating to pendency and disposal of cases in the trial
court. In case the said accused applicant-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.
3-4-Jitender
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