Mukesh vs State Of Rajasthan
2022 Latest Caselaw 13445 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 1678/2022

Mukesh S/o Shri Roopsi Meena, Aged About 38 Years, R/o Vill.
Upala Mandawa Ps Rishabhdev Dist. Udaipur (Presently Lodged
In Central Jail Udaipur)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Appellant(s)          :     Mr. Ranjeet Singh.
For Respondent(s)         :     Mr. Arun Kumar, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

16/11/2022

     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.1014/2022.

     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

substantive sentence passed by the trial court vide judgment

dated 31.03.2022 in Session Case No.61/2018 against applicant-

appellant - Mukesh S/o Shri Roopsi Meena shall remain

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                                   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.

1-/Jitender/Suraj

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