Rajasthan High Court - Jodhpur
Govind Prasad vs State Of Rajasthan on 27 September, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1397/2022
Govind Prasad S/o Shri Daleram, Aged About 42 Years, R/o Vill.
Kalakhana (Kotra) Post Palanpura Tehsil Hindon City Dist. Karoli
(The Then Junior Technical Assistant Manrega Panchayat Samiti
Shiv Dist. Barmer) (At Present Lodged At Central Jail Jodhpur)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Mahesh Thanvi
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/09/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.819/2022.
Counsel for the appellant submits that the sentence of
appellant has already been suspended temporarily by the trial
court for a period of one month, thus, prayed to suspend the
sentence.
Learned PP opposed the application.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
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Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Govind Prasad S/o Shri Daleram by the learned
Special Judge, PC Act No.1, Jodhpur vide judgment dated
25.08.2022 in Criminal Case No.10/2015 shall remain suspended
till final disposal of aforesaid appeal provided he executes a
personal bond for a sum of Rs.50,000/- alongwith two solvent
sureties in the sum of Rs.25,000/- each to the satisfaction of
learned trial court for his appearance before this Court on
16.11.2022 and whenever called upon to do so till the disposal of
the appeal on the conditions indicated below:-
(1) That he/she/they will appear before the trial court in
the month of January of every year till the appeal is
decided.
(2) That if the applicant(s) changes the place of residence,
he/she/they will give in writing his/her/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(s), they
will give in writing their changed address(s) to the trial
court.
The learned trial court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/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-applicant(s) does not appear before the trial
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court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
13-Sanjay/-
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