Pramod @ Pankaj vs State Of Rajasthan
2022 Latest Caselaw 13401 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1775/2022

Pramod @ Pankaj S/o Bahadur Nayak, Aged About 21 Years, R/o Near F.c.i. Godam, Kanwakhera Kachchi Basti, Police Station Kotwali, District Bhilwara (Rajasthan)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Rajkumar Vaishnav S/o Kalu Vaishnav, R/o Shivaji Nagar, Balaji Mandir Ke Pass, Kawakhera, District Bhilwara.

----Respondents

For Appellant(s) : Mr. Bharat Shrimali For Respondent(s) : Mr. Arun Kumar, PP with Ms. Kamla Goswami

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

15/11/2022

Admit.

Issue notice to respondent No.2 only as the learned Public

Prosecutor accepts notice on behalf of respondent No.1-State.

Call for the record.

Heard learned counsel for the parties on S.B. Suspension

of Sentence (Appeal) No.1062/2022.

Learned counsel for the appellant submits that the sentence

of the appellant has already been temporarily suspended by the

learned trial court itself.

Learned Public Prosecutor opposes the suspension of

sentence application.

(2 of 3) [CRLAS-1775/2022]

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(2) Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated 18.10.2022 in Sessions Case No.03/2020 (15/2020) against

appellant- Pramod @ Pankaj S/o Bahadur Nayak 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 16.12.2022 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 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-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

be placed in that file for ready reference. Criminal Misc. file shall

not be taken into account for statistical purpose relating to

(3 of 3) [CRLAS-1775/2022]

pendency and disposal of cases in the trial court. In case the said

accused 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 16-nirmala/-

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