Vijay Kuamr vs State Of Rajasthan
2022 Latest Caselaw 11298 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 1279/2022

Vijay Kuamr S/o Puran Chand, Aged About 45 Years, B/c Aroda,
R/o W.no. 7, Vill. Tibbi, P.s. Hanumangarh, Dist. Hanumangarh.
                                                                    ----Appellant
                                   Versus
State Of Rajasthan
                                                                  ----Respondent


For Appellant(s)         :     Mr. Mahaveer Singh Rathore
For Respondent(s)        :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

09/09/2022

     Admit.

     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.714/2022.

     Learned counsel for the appellant has shown the certified

copy of the Provisional VCR Assessment, which amounts to

Rs.23437/-.

     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.

714/2022 filed under Section 389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the trial court


                    (Downloaded on 09/09/2022 at 09:33:17 PM)
                                                                             (2 of 2)                   [CRLAS-1279/2022]


                                   vide judgment dated 30.06.2022 in Special Case (Electricity) No.

                                   07/2020 against appellant- Vijay Kumar S/o Puran Chand shall

                                   remain suspended till final disposal of the aforesaid appeal,

                                   provided the appellant pays the amount of VCR to the

                                   Department and get the receipt from the department and

                                   also 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.

9-Zeeshan

Powered by TCPDF (www.tcpdf.org)