Rajasthan High Court - Jodhpur
Ramdas vs State Of Rajasthan on 12 October, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1503/2022
Ramdas S/o Chandra Bhan, Aged About 80 Years, R/o Alipura,
P.s. Sadul Sahar District Sri Ganganagar. (At Present Lodged In
District Jail, Sri Ganganagar)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Channa Ram S/o Somdas, Aged About 30 Years, R/o
Alipura, P.s. Sadul Sahar, District Sri Ganganagar.
----Respondents
For Appellant(s) : Mr. Lokesh Mathur
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/10/2022
Admit.
Issue notice to the respondent No.2 only, as learned Public
Prosecutor accepts notice on behalf of respondent-State.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.876/2022.
Learned counsel for the appellant submits that the appellant
is 80 years of age. Learned counsel further submits that the
sentence awarded to the appellant is of five years and the
appellant was on bail during trial. Learned counsel also submits
that the video, on which basis the allegations levelled, did not run.
Learned Public Prosecutor opposes the suspension of
sentence application.
On conjoint consideration of the age of the accused-appellant
and the other factors, this Court deems it just and proper to
suspend the substantive sentence awarded to the accused
applicant-appellant.
(Downloaded on 13/10/2022 at 08:32:12 PM)
(2 of 2) [CRLAS-1503/2022]
Accordingly, S.B. Suspension of Sentence (Appeal) No.
876/2022 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 13.09.2022 in Sessions Case No.110/2018
against appellant- Ramdas S/o Chandra Bhan 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 14.11.2022 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, 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 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 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.
229-Zeeshan
Powered by TCPDF (www.tcpdf.org)
