Hulash Chand vs State Of Rajasthan
2022 Latest Caselaw 11245 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Criminal Appeal No. 1375/2022

1.      Hulash Chand S/o Pitha Ram, Aged About 45 Years,
        Baghsara, P.s. Sandwa, Dist. Churu.
2.      Sita Ram S/o Kana Ram, Aged About 52 Years, B/c Jat, R/
        o Soneli, P.s. Rol, Dist. Nagaur.
                                                                    ----Appellants
                                    Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Appellant(s)          :     Mr. O.P. Sangwa.
For Respondent(s)         :     Mr. Mahipal Bishnoi, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

08/09/2022
     Admit.

     Issue notice.

     Learned Public Prosecutor accepts notice on behalf of the

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.793/2022

     Learned counsel for the appellants submits that the sentence

awarded to the accused-appellants 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



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the case, this Court deems it just and proper to suspend the

substantive sentence awarded to the accused appellants.

     Accordingly,     S.B.     Suspension            of    Sentence     (Appeal)

No.793/2022 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 24.08.2022 in Sessions Case No.54/2015

against appellants (1) Hulash Chand S/o Pitha Ram and (2)

Sita Ram S/o Kana Ram shall remain suspended till final

disposal of the aforesaid appeal, provided each of them 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

their 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 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

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                                   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 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.

12-/Jitender/Nirmala

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