Rajasthan High Court - Jodhpur
Kalyan Singh vs State Of Rajasthan on 14 September, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-1432/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1432/2022
1. Kalyan Singh S/o Ummed Singh, Aged About 62 Years,
R/o Richhadi Ps Saroopganj, Tehsil Pindwara, District
Sirohi.
2. Ashok Singh S/o Kuber Singh, Aged About 36 Years, R/o
Richhadi Ps Saroopganj, Tehsil Pindwara, District Sirohi.
3. Narendra Singh S/o Kuber Singh, Aged About 39 Years,
R/o Richhadi Ps Saroopganj, Tehsil Pindwara, District
Sirohi.
----Appellants
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. K.P. Raj Singh Deora
For Respondent(s) : Mr. S.S. Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
14/09/2022
Admit.
Issue notice.
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.838/2022.
Learned counsel for the appellants submits that the sentence
awarded to the appellants has been temporarily suspended by the
learned trial court.
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(2 of 3) [CRLAS-1432/2022]
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-appellants.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
838/2022 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 01.09.2022 in Special Case No.09/2021 (CIS
No.09/2021) against appellants- (1) Kalyan Singh S/o Ummed
Singh, (2) Ashok Singh S/o Kuber Singh and (3) Narendra
Singh S/o Kuber Singh shall remain suspended till final disposal
of the aforesaid appeal, provided each of them execute 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 17.10.2022 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 change the place of
residence, They will give in writing their her
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.
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(3 of 3) [CRLAS-1432/2022]
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
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.
221-Zeeshan
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