Bhajanaram vs State Of Rajasthan
2022 Latest Caselaw 13748 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 1860/2022

1.     Bhajanaram S/o Punaram, Aged About 44 Years, R/o
       Bhojasar Chitar Bera, Police Station Bhojasar, Dist.
       Jodhpur.
2.     Rajaram @ Rajuram S/o Mohanram, Aged About 36
       Years, R/o Laxman Nagar Chadi, Police Station Bhojasar,
       Dist. Jodhpur.
3.     Om Prakash S/o Geparram, Aged About 44 Years, R/o
       Laxman Nagar Chadi, Police Station Bhojasar, Dist.
       Jodhpur.
4.     Jasaram @ Jasraj S/o Punaram, Aged About 45 Years, R/o
       Bhojasar Chitar Bera, Police Station Bhojasar, Dist.
       Jodhpur.
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Appellant(s)         :     Mr. B.R. Godara
For Respondent(s)        :     Mr. Arun Kumar, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

23/11/2022
     Admit.

     Call for the record.

     Heard learned counsel for the parties on the application

seeking suspension of sentence no.7312/2022.

     Counsel for the appellant submits that the sentence of

appellants have already been suspended temporarily by the trial

court for a period of one month, thus, prayed to suspend the

sentence.


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     Learned PP opposed the application.

     Having considered of the totality of facts and circumstances

of the case, I consider it just and proper to suspend the

substantive sentence awarded to the accused appellants.


     Accordingly, this application for suspension of sentences is

allowed and it is directed that the sentences awarded to appellant/

s - (1) Bhajanaram S/o Punaram (2) Rajaram @ Rajuram

S/o Mohanram (3) Om Prakash S/o Geparram and (4)

Jasaram @ Jasraj S/o Punaram by the learned Additional

Sessions Judge No.4, Jodhpur Metropolitan vide judgment dated

14.11.2022 in Sessions Case No.65/2012 (NCV No.843/2014)

shall remain suspended till final disposal of aforesaid appeal

provided each of the appellant execute a personal bond for a sum

of Rs.50,000/- alongwith two solvent sureties in the sum of

Rs.25,000/- each to the satisfaction of learned trial court for their

appearance before this Court on 10.01.2023 and whenever called

upon to do so till the disposal of the appeal on the conditions

indicated below:-

      (1)   That he/she/they will appear before the trial court in
      the month of January of every year till the appeal is
      decided.
      (2)   That if the applicant(s) changes the place of residence,
      he/she/they will give in writing his/her/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(s), they
      will give in writing their changed address(s) to the trial
      court.




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                                         The learned trial court shall keep the record of attendance of

                                   the accused-applicant(s) in a separate file. Such file be registered

                                   as Criminal Misc. Case related to original case in which the

                                   accused-applicant(s) was/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(s) does 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.

152-Sanjay/-

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