Shyamlal vs State Of Rajasthan
2022 Latest Caselaw 11099 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
            S.B. Criminal Appeal No. 1373/2022

Shyamlal S/o Shri Hanutaram, Aged About 33 Years, R/o Kanwar
Ji Ki Khejari, Tapoo, Police Station Osiyan, District Jodhpur (Raj.)
                                                        ----Appellant
                               Versus
State Of Rajasthan, Through Pp
                                                     ----Respondent


For Appellant(s)         :     Mr. RR Khilery
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

06/09/2022
     Admit.

     Call for the record.

     Heard learned counsel for the parties on the application

seeking suspension of sentence no.791/2022.

     Counsel for the appellant submits that the sentence of

appellant has already been suspended temporarily by the trial

court for a period of one month, thus, prayed to suspend the

sentence.

     Learned PP opposed the application.

     Having considered of the totality of facts and circumstances

of the case, I consider it just and proper to suspend the

substantive sentence awarded to the accused appellant.


     Accordingly, this application for suspension of sentences is

allowed and it is directed that the sentences awarded to

appellant/s - Shyamlal S/o Shri Hanutaram by the learned

Special Court, SC/ST (Prevention of Atrocities Act Cases), Jodhpur


                    (Downloaded on 07/09/2022 at 08:47:10 PM)
                                                                            (2 of 2)                   [CRLAS-1373/2022]


                                   vide judgment dated 06.08.2022 in Sessions Case No.133/2017

                                   shall remain suspended till final disposal of aforesaid appeal

                                   provided he executes a personal bond for a sum of Rs.50,000/-

                                   alongwith two solvent sureties in the sum of Rs.25,000/- each to

                                   the satisfaction of learned trial court for his appearance before

                                   this Court on 12.10.2022 and whenever called upon to do so till

                                   the disposal of the appeal on the conditions inidcated below:-

                                          (1)      That he/she/they will appear before the trial court in
                                          the month of January of every year till the appeal is
                                          decided.
                                          (2)      That if the applicant(s) changes the place of residence,
                                          he/she/they will give in writing his/her/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(s), they
                                          will give in writing their changed address(s) to the trial
                                          court.
                                         The learned trial court shall keep the record of attendance of

                                   the accused-applicant(s) in a separate file. Such file be registered

                                   as Criminal Misc. Case related to original case in which the

                                   accused-applicant(s) was/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 said accused-applicant(s) 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.

187-Sanjay/-

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