Rajasthan High Court - Jodhpur
Prakash vs State Of Rajasthan on 28 September, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1555/2022
Prakash S/o Shankar Lal, Aged About 32 Years, R/o Avleshwar,
P.s. Hathuniya, District Pratapgarh.
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. BS Deora
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
28/09/2022
Admit.
Call for the record.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.917/2022.
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 till 29.09.2022, 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.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Prakash S/o Shankar Lal by the learned
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Additional Sessions Judge & Special Court, SC/ST (Prevention of
Atrocities Act Cases, Pratapgarh, District Pratapgarh vide
judgment dated 30.08.2022 in Sessions Case No.76/2014
(122/2014) (CIS No.1535/2014) 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 15.11.2022 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.
211-Sanjay/-
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