Shiv Lal vs State Of Rajasthan
2022 Latest Caselaw 12201 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
            S.B. Criminal Appeal No. 1511/2022

Shiv Lal S/o Shri Raga Ram, Aged About 40 Years, B/c Mina R/o
Makrani Mohala Ps Rani Dist. Pali Raj. (Sub Jail Bali Dist. Pali)
                                                      ----Appellant
                             Versus
State Of Rajasthan, Through Pp
                                                   ----Respondent


For Appellant(s)           :    Mr. Vikram Choudhary.
For Respondent(s)          :    Mr. Mukhtiyar Khan, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

11/10/2022

     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.884/2022.

     Learned counsel for the appellant submits that the appellant

was in custody during trial and has already undergone custody of

about 18 months. The total sentence awarded by the learned trial

court is of three years.

     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)

No.884/2022 filed under Section 389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the trial court


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                                   vide judgment dated 16.09.2022 in Sessions Case No.71/2021

                                   against appellant- Shiv Lal S/o Shri Raga Ram 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 11.11.2022 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

                                   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.

10-/Jitender//-

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