Mulayam Singh vs State Of Rajasthan
2022 Latest Caselaw 13890 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 1899/2022

Mulayam Singh S/o Sh. Bharat Singh, Aged About 72 Years, B/c
Rajput, R/o Bhavroti, Police Station Bhagwasa, District Atta
(U.p.)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Appellant(s)          :     Mr. Jayant Joshi.
For Respondent(s)         :     Mr. Arun Kumar, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

25/11/2022

     Admit.

     Issue notice.

     Learned Public Prosecutor accepts notice on behalf of

respondent - State. Hence, notice need not be issued.

     Call for the record.

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

of Sentence (Appeal) No.1129/2022.

     Learned counsel for the applicant-appellant submits that the

sentence awarded to the accused applicant-appellant has already

been suspended by the learned trial court temporarily.

     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

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                                   substantive sentence passed by the trial court vide judgment

                                   dated 16.11.2022 in Special Session Case No.04/2009 against

                                   applicant-appellant - Mulayam Singh S/o Sh. Bharat Singh

                                   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

                                   02.01.2023 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.

4-/Jitender//-

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