Fateh Singh @ Pintu Dan vs State Of Rajasthan
2022 Latest Caselaw 12012 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 1575/2022

1.      Fateh Singh @ Pintu Dan S/o Sh. Kailash Dan, Aged
        About 25 Years, B/c Charan, R/o Village Borawas, Police
        Station And Tehsil Pachpadra, District Barmer (Raj.)
2.      Narayan Singh @ Pappu Dan S/o Sh. Jog Singh, Aged
        About 28 Years, B/c Charan, R/o Village Borawas, Police
        Station And Tehsil Pachpadra, District Barmer (Raj.)
                                                                    ----Appellants
                                    Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Appellant(s)          :     Mr. CS Rathore
For Respondent(s)         :     Mr. Mahipal Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

29/09/2022

     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.938/2022.

     Learned counsel for the appellants submits that the sentence

awarded to the accused-appellants has already been suspended

by the learned trial court temporarily.

     Learned    Public    Prosecutor         opposes         the   suspension   of

sentence application.




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     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) 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 22.09.2022 in Session Case No.26/2013 (CIS No.120/2014)

against appellants- (1) Fateh Singh @ Pintu Dan S/o Sh.

Kailash Dan & (2) Narayan Singh @ Pappu Dan S/o Sh. Jog

Singh shall remain suspended till final disposal of the aforesaid

appeal, provided they 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 02.11.2022 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


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                                   trial Judge shall report the matter to the High Court for

                                   cancellation of bail.



                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

184-/Jitender//-

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