Rajasthan High Court - Jodhpur
Shankar Lal vs State Of Rajasthan on 20 October, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-1526/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1526/2022
1. Shankar Lal S/o Mangi Lal Nayak, Aged About 36 Years,
Bhagwanpura, Luhariya, Thana Mandal, Dist. Bhilwara,
Presently R/o Bhisti Kheda, Chittorgarh, Raj. (Lodged At
Dist. Jail, Chittorgarh).
2. Shyam Lal S/o Jagannath Meena, Aged About 57 Years,
Meena Mohalla, Behind Railway Goods Godown,
Chittorgarh, Raj. (Lodged At Dist. Jail, Chittorgarh).
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Naman Mohnot
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/10/2022
Admit.
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.896/2022.
Learned counsel for the appellants has drawn the attention
of this Court towards the statements rendered by PW-15 Randheer
Singh @ Rishiraj Singh, who is the main injured witness and PW-2
Pradhuman Singh. Learned counsel further submits that the main
allegation is upon Sheru, who has caused the injuries by sword.
Learned Public Prosecutor opposes the suspension of
sentence application.
(Downloaded on 21/10/2022 at 08:47:04 PM)
(2 of 3) [CRLAS-1526/2022]
On conjoint consideration of the statements and the other
factors, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused applicants-
appellants.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
896/2022 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 15.09.2022 in Sessions Case No.58/2013
(700/2014) against appellants- (1) Shankar Lal S/o Mangi Lal
Nayak and (2) Shyam Lal S/o Jagannath Meena shall remain
suspended till final disposal of the aforesaid appeal, provided each
of them execute 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 their appearance in this Court on 21.11.2022 and
whenever ordered to do so, till the disposal of the appeal on the
conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants changes the place of
residence, they will give in writing their 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-appellants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellants were 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
(Downloaded on 21/10/2022 at 08:47:04 PM)
(3 of 3) [CRLAS-1526/2022]
said accused-appellants 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.
206-Zeeshan
Powered by TCPDF (www.tcpdf.org)
