Lalu Ram vs State Of Rajasthan ...
2023 Latest Caselaw 2821 Raj

[2023/RJJD/009027]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc. 3rd Suspension Of Sentence Application (Appeal) No. 44/2023

Lalu Ram S/o Kalu Gameti, age 52 years, r/o Nagla Phala Lakadwas, Udaipur Raj.

(At Present In Central Jail Udaipur)

----Applicant Versus State Of Rajasthan, Through PP

----Respondent

For Applicant(s) : Ms. Deepika Soni For Respondent(s) : Mr. Anil Joshi, AAG Mr. Rajat Chhaparwal

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

06/04/2023 Heard learned counsel for the parties on suspension of

sentence application.

The instant application for suspension of sentence has been

preferred by the applicant-appellant, who has been convicted and

sentenced by the learned Additional Sessions Judge No.3, Udaipur

vide judgment dated 17.10.2015 in Sessions Case No.65/2014.

Learned counsel for the applicant-appellant has submitted

that as a matter of fact initially the sentence awarded by the trial

court was suspended by this Court vide order dated 05.12.2016,

however, in that order, a condition was imposed that the applicant-

appellant was required to mark his presence in the month of

January of every year before the trial court. The applicant-

appellant has failed to mark his presence before the trial court in

[2023/RJJD/009027] (2 of 3) [SOSA-44/2023]

the months of January 2018 and 2019. On receiving this

information, a notice was issued to the applicant-appellant by this

Court vide order dated 08.03.2019 and thereafter bailable warrant

was issued. Ultimately, this Court vide order dated 20.05.2019,

issued a standing warrant of arrest against the applicant-appellant

and pursuant to that he was arrested by the police on 09.06.2019

and from that date he is in custody.

Learned counsel for the applicant-appellant has submitted

that the applicant-appellant failed to mark his presence before the

trial court as he has gone out of State to earn his livelihood. It is

also submitted that in future the applicant-appellant will abide by

all those conditions imposed by this Court. It is also submitted

that the applicant-appellant is in custody from last around six

years and the hearing of the appeal will take time.

Learned Additional Advocate General has opposed this

suspension of sentence application.

Having heard learned counsel for the applicant-appellant and

after taking into consideration to custody period of the applicant-

appellant, we deem it appropriate to allow this application.

Accordingly, this suspension of sentence application filed

under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the learned Additional Sessions

Judge No.3, Udaipur, vide judgment dated 17.10.2015 in Sessions

Case No.65/2014 against applicant-appellant Lalu Ram S/o Kalu

Gameti shall remain suspended till final disposal of the appeal filed

by him, provided he executes a personal bond in the sum of

[2023/RJJD/009027] (3 of 3) [SOSA-44/2023]

Rs.1,00,000/- with two sureties of Rs.50,000/- each to the

satisfaction of the learned trial Judge for his appearance in this

court on 15.05.2023 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 applicant-appellant changes the place of residence, he 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 applicant-appellant in a separate file. Such file be

registered as Criminal Misc. Case related to original case in which

the accused applicant-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 applicant-appellant does not

appear before the trial court, the learned trial Judge shall report

the matter to the High Court for cancellation of bail.

(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J

17-Payal/-

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