Deepalal @ Deepa vs State Of Rajasthan
2022 Latest Caselaw 11234 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 559/2022

                                        IN

                   S.B. Criminal Appeal No.251/2022

Deepalal @ Deepa S/o Nanuram, Aged About 45 Years, Lachuda,
Asind Police Station, Bhilwara, Dist. Bhilwara. (Lodged In Dist.
Jail, Bhilwara).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. JVS Deora
For Respondent(s)         :     Mr. Mahipal Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

08/09/2022
     Admit.

     Call for the record.

     Heard learned counsel for the parties on the application

seeking suspension of sentence no.559/2022.

     Counsel for the appellant submits that the appellant is in

custody for last about 01 year and 08 months and hearing of

appeal is likely to take a long time, 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.

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     Accordingly, this application for suspension of sentences is

allowed and it is directed that the sentences awarded to

appellant/s - Deepalal @ Deepa S/o Nanuram by the learned

Additional Sessions Judge, Gulabpura, District Bhilwara vide

judgment dated      07.03.2022 in Sessions Case No.8/2017 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 13.10.2022 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




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                                   court, the learned trial Judge shall report the matter to the High

                                   Court for cancellation of bail.


                                                                (DR.PUSHPENDRA SINGH BHATI), J.

241-Sanjay/-

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