Rajasthan High Court - Jodhpur
Hasan Gauri vs Jodhpur Vidyut Vitran Nigam Ltd. Churu ... on 1 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:41476]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2495/2023
Hasan Gauri S/o Shri Mangtu Gauri, Aged About 40 Years, R/o
Ward No. 39, Sujangarh.
----Appellant
Versus
Jodhpur Vidyut Vitran Nigam Ltd. Churu, Through Its Authorized
Representative.
----Respondent
For Appellant(s) : Mr. Hardik Gautam
For Respondent(s) :
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/12/2023
Heard.
Admit. Issue notice to the sole-respondent, returnable by
30.01.2024.
Call for record.
Heard learned counsel for the parties on Misc. Bail
Application (Suspension of Sentence) No.1552/2023.
Learned counsel for the petitioner submits that the appellant
was on bail during the trial and hearing of the appeal will take
sufficiently long time, therefore, the sentence of the appellant may
kindly be suspended.
Learned Public Prosecutor opposed the prayer made by the
counsel for the appellant.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
[2023:RJ-JD:41476] (2 of 3) [CRLAS-2495/2023]
of the case, this court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused
appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentences passed by the learned Judge, Special Court
for Electricity Offence, District Churu, vide judgment dated
21.11.2023 in Special Sessions Case No.07/2022 against the
appellant-applicant - Hasan Gauri S/o Mangtu Gauri, shall be
suspended till final disposal of the aforesaid appeal subject to the
condition that the appellant shall deposit the 50% of the fine
amount as imposed by the learned trial Court and he will be
released on bail, provided he executes a personal bond in the sum
of 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 08.01.2024 and whenever ordered 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 to
the trial Court.
4. Appellant shall deposit the 50% of fine amount
as imposed by the learned trial court.
[2023:RJ-JD:41476] (3 of 3) [CRLAS-2495/2023]
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
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(MANOJ KUMAR GARG),J
170-Rashi/-
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