Rajasthan High Court - Jodhpur
Deva @ Devi Lal vs State Of Rajasthan on 13 October, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1176/2022
1. Deva @ Devi Lal S/o Fulla Ji Maal Meena, Aged About 38
Years, R/o Newatalai Gram Panchayat Jawar Mines Jawar
Ps Dist. Udaipur (Confined In Central Jail Udaipur)
2. Parbu @ Prabhu S/o Huka Ninama Meena, Aged About 45
Years, R/o Dharamdev Ambapura Ps Present R/o
Sundanpur Banswara Sadar Ps Banswara Dist. Banswara
(Confined In Central Jail Udaipur)
3. Rama S/o Badiya Ninama Meena, Aged About 26 Years,
R/o Sewana Kalinjara Ps Dist. Banswara (Confined In
Central Jail Udaipur)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. JVS Deora.
For Respondent(s) : Mr. Arun Kumar, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/10/2022
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.663/2022.
Learned Public Prosecutor opposes the suspension of
sentence application, however, fairly admits that about three years
out of four years of custody has been completed.
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(2 of 3) [CRLAS-1176/2022]
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.
663/2022 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 08.07.2022 in Session Case No.09/2020
against appellant- Deva @ Devi Lal S/o Fulla Ji Maal Meena
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, 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
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(3 of 3) [CRLAS-1176/2022]
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.
1-/Jitender//-
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