Satyanarayan vs State Of Rajasthan
2022 Latest Caselaw 12676 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Appeal No. 1703/2022

Satyanarayan S/o Sh. Harji Ram, Aged About 34 Years, R/o
Madagan Vas, Pokran, Police Station Pokran, District Jaisalmer.
                                                                       ----Appellant
                                      Versus
State Of Rajasthan.
                                                                     ----Respondent


For Appellant(s)            :     Mr. Sumer Singh Rathore
For Respondent(s)           :     Mr. Javed Gauri, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

21/10/2022

     Admit.

     Since, learned Public Prosecutor 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.1025/2022.

     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.

     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.

1025/2022 filed under Section 389 Cr.P.C. is allowed and it is


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                                   ordered that the substantive sentence passed by the trial court

                                   vide judgment dated 29.09.2022 in Sessions Case No.06/2022

                                   against appellant- Satyanarayan S/o Sh. Harji 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

                                   22.11.2022 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.

233-Zeeshan

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