Ladoo Ram vs State Of Rajasthan
2022 Latest Caselaw 13423 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 372/2022

Ladoo Ram S/o Shri Hari Kishan, Aged About 42 Years, B/c Bishnoi, R/o Jogau, Police Station Jhab, Tehsil Chitalwana, District Jalore Through His Brother Raju Ram S/o Shri Hari Kishan, Aged About 55 Years, R/o Jogau, Police Station Jhab, Tehsil Chitalwana, District Jalore. (Confined In Sub Jail, Sanchore, District Jalore.)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Vijay Raj Bishnoi For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/11/2022

Admit.

Issue notice to the respondent. Call for the record.

Heard learned counsel for the petitioner and learned public

prosecutor on Application for Suspension of Sentence.

Looking to the facts and circumstances of the case and the

submissions that the learned Courts below have failed to

appreciate the correct, legal and factual aspect of the matter.

Upon a consideration of the arguments advanced on behalf

of the petitioner and having regard to the facts and circumstances

of the case, this court is of the opinion that it is a fit case for

suspending the substantive sentence awarded to the accused-

petitioner.

(2 of 3) [CRLW-372/2022]

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the substantive sentence passed by

the learned Judicial Officer of Gram Nyayalya, Bichiwada, District

Sanchore District Jalore vide judgment dated 09.09.2016 in

Criminal Regular Case No.541/2015 and affirmed by the learned

Additional District & Sessions Judge, Sanchore District Jalore vide

judgment dated 17.09.2022 in Criminal Appeal No.14/2020 (CIS

No.27/2020) against the accused-petitioner Ladoo Ram S/o Shri

Hari Kishan Bishnoi shall remain suspended till the final disposal of

aforesaid criminal writ provided he executes a personal bond in

the sum of Rs.10,000/- along with one surety in the like amount

to the satisfaction of the learned trial Judge for his appearance

before this court on 19.12.2022 and whenever ordered to do so till

the disposal of the criminal writ on the conditions indicated

below:-

1. That he will appear before the trial Court in the month of January of every year till the criminal writ is decided.

2. That if the petitioner change the place of residence, he 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 addresses, 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-petitioner in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

petitioner 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

(3 of 3) [CRLW-372/2022]

accused-petitioner does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(FARJAND ALI),J 109-Mamta/-

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