Rajasthan High Court - Jodhpur
Sone Lal @ Sonu vs State Of Rajasthan on 16 September, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1304/2022
Sone Lal @ Sonu S/o Sh. Ram Singh, Aged About 34 Years,
Gurunanak Nagar, Purani Abadi, Gali No. 8, W.no. 6, P.s. Purani
Abadi, Sriganganagar, Dist. Sriganganagar. (At Present Lodged
In Central Jail, Hanumangarh Junction).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 847/2022
Sone Lal @ Sonu S/o Sh. Ram Singh, Aged About 34 Years,
Gurunanak Nagar, Purani Abadi, Gali No. 8, W.no. 6, P.s. Purani
Abadi, Sriganganagar, Dist. Sriganganagar. (At Present Lodged
In Central Jail, Hanumangarh Junction).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Dr. RDSS Kharlia along with
Ms. Kinjal Purohit.
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
16/09/2022
In S.B. Criminal Appeal No. 1304/2022:-
Heard.
Admit. Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent - State. Hence, notice need not be issued.
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In S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 847/2022:-
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant submits that there is single
injury, which is simple in nature. Learned counsel further submits
that the injury caused on the neck is 8½ x 01 x 01 long. Learned
counsel also submits that there are no previous criminal
antecedents against the appellant.
Learned Public Prosecutor opposes the suspension of
sentence application.
Having considered the totality of facts and circumstances of
the case as also the simple nature of injury and the fact that there
are no previous criminal antecedents against the appellant, 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) 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 16.08.2022 in Session Case No.44/2017 (CIS No.99/2017)
against appellant- Sone Lal @ Sonu S/o Sh. Ram Singh 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
17.10.2022 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
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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.
217-218-Jitender/Nirmala
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