Lal Singh vs State Of Rajasthan
2022 Latest Caselaw 12251 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Appeal No. 1617/2022

Lal Singh S/o Shri Jainarayan Singh, Aged About 57 Years, R/o
271-A, Jagdamba Colony, Pratap Nagar, Jodhpur. The Then Asi
Police   Station   Accident          (East),      Jodhpur          Commissionarate,
Jodhpur.
                                                                       ----Appellant
                                      Versus
State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Appellant(s)            :     Mr. Vinay Berwal
For Respondent(s)           :     Mr. Arun Kumar, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

12/10/2022

     Admit.

     Since, learned Public 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.966/2022.

     Learned counsel for the appellant submits that the sentence

awarded to the appellant has been temporarily suspended by the

learned trial court.

     Learned    Public      Prosecutor         opposes         the    suspension   of

sentence application.




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     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.

966/2022 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 07.10.2022 in Criminal Case No.08/2013

against appellant- Lal Singh S/o Shri Jainarayan 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

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


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                                   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.

237-Zeeshan

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