Ramesh vs State Of Rajasthan
2022 Latest Caselaw 11302 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Criminal Appeal No. 632/2022

Ramesh S/o Shri Limba Gameti, Aged About 40 Years, R/o Choti
Undari, Fala Sonawat, P.s. Nai, Dist. Udaipur. (Presently Lodged
In Central Jail, Udaipur)
                                                                           ----Appellant
                                       Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent


For Appellant(s)              :    Mr. Love Jain
For Respondent(s)             :    Mr. Mahipal Bishnoi, PP



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                        Order

09/09/2022

      Admit.

      Issue notice.

      Learned Public Prosecutor accepts notice on behalf of

respondent -State. Hence, notice need not be issued.

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

of Sentence (Appeal) No.398/2022.

      Learned counsel for the appellant submits that it was a trivial

conflict between the brothers upon newly purchased motorcycle

and the injuries were simple.               Learned counsel further submits

that the appellant has undergone a custody of about six months

and eighteen days.

      Learned    Public       Prosecutor        opposes         the   suspension      of

sentence application.

      Having considered the totality of facts and circumstances of

the   case     and     upon       conjoint      consideration         of     the   above

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

substantive sentence awarded to the accused applicant-appellant.

                        (Downloaded on 09/09/2022 at 09:33:09 PM)
                                                                               (2 of 2)                     [CRLAS-632/2022]


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

                                   under Section 374(2) Cr.P.C. is allowed and it is ordered that the

                                   substantive sentence passed by the trial court vide judgment

                                   dated      25.04.2022        in     Sessions          Case          No.26/2017     (CIS

                                   No.108/2017) against appellant- Ramesh S/o Shri Limba

                                   Gameti 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 12.10.2022 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.

2-/Jitender/nirmala

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