Ramnarayan vs State Of Rajasthan
2022 Latest Caselaw 11109 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Criminal Appeal No. 1331/2022

Ramnarayan S/o Pusaram Jaat, Aged About 52 Years, R/o
Khangta Ps Pipar City At Present R/o At Salmannagar Nandari Ps
Banar Raj.
                                                                     ----Appellant
                                   Versus
1.      State Of Rajasthan, Through Pp
2.      Jhammuram S/o Dhamandaram, Aged About 85 Years, R/
        o Maghwalo Ka Baas Naya Bera Chouka Khangta Ps Pipar
        City Jodhpur
                                                                  ----Respondents


For Appellant(s)         :     Mr. Devendra Singh Rathore
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

06/09/2022

     Admit.

     Issue notice to respondent No.2 only, as the learned Public

Prosecutor accepts notice on behalf of respondent No.1 State.

     Call for the record.

     Heard learned counsel for the parties on S.B. Suspension

of Sentence (Appeal) No.760/2022.

     Learned counsel for the appellant submits that the sentence

awarded to the accused-appellant has already been suspended by

the learned trial court temporarily.

     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.




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                                                                             (2 of 2)                   [CRLAS-1331/2022]


                                         Accordingly, Suspension of Sentence (Appeal) filed under

                                   Section 374 Cr.P.C. is allowed and it is ordered that the

                                   substantive sentence passed by the trial court vide judgment

                                   dated 17.08.2022 in Sessions Case No.98/2016 (NCV No.111/16)

                                   against appellant- Ramnarayan S/o Pusaram Jaat 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 11.10.2022 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

                                   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.

18-/Jitender/nirmala

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