Jagdish vs State Of Rajasthan (2023:Rj-Jd:41670)
2023 Latest Caselaw 10351 Raj

Rajasthan High Court - Jodhpur

Jagdish vs State Of Rajasthan (2023:Rj-Jd:41670) on 2 December, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:41670]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 2501/2023

1.       Jagdish S/o Unkar, Aged About 45 Years, R/o Krishna
         Colony, Lal Magri, P.s. Savina, Dist. Udaipur,raj. (At
         Present Lodged In Central Jail, Udaipur)
2.       Punit S/o Jagdish, Aged About 18 Years, R/o Krishna
         Colony, Lal Magri, P.s. Savina, Dist. Udaipur,raj. (At
         Present Lodged In Central Jail, Udaipur)
                                                                    ----Appellants
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Dinesh Kumar S/o Jamna Lal, R/o 63, Karshana Colony,
         Sector 09, P.s. Savina, Dist. Udaipur,raj.
                                                                  ----Respondents


For Appellant(s)          :     Mr. Gulam Moinuddin
                                Mr. Mohit Choudhary
For Respondent(s)         :     Ms. Anita Gehlot, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

02/12/2023

Heard.

Admit.

Call for record.

Learned Public Prosecutor accepts notice on behalf of

respondent No.1-State. Issue notice to respondent No.2,

returnable within a period of eight weeks.

Heard on suspension of sentence application No.1556/2023.

Upon a consideration of the arguments advanced on behalf

of the appellants and having regard to the facts and circumstances

[2023:RJ-JD:41670] (2 of 3) [CRLAS-2501/2023]

of the case, this Court is of the opinion that it is a fit case for

suspending the sentence awarded to the appellants.

Accordingly, the application for suspension of sentence filed

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

sentence passed by the learned Sessions Judge, Udaipur vide

judgment dated 03.10.2023 in Sessions Case No.316/2021 (C.I.S.

No.316/2021) against the appellants (1) Jagdish S/o Unkar & (2)

Punit S/o Jagdish shall remain suspended till final disposal of the

aforesaid appeal subject to depositing the 50% fine amount as

imposed by the learned trial Court, provided they execute

personal bond in the sum of Rs.1,00,000/- each with two sureties

of Rs.50,000/- each to the satisfaction of the learned trial Judge

for their appearance in this court on 15.01.2024 and whenever

ordered to do so, till the disposal of the appeal on the conditions

indicated below:-

1. That they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the appellants change the place of residence, they will give in writing 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, they will give in writing their changed address to the trial Court.

4. The appellants shall deposit 50% of fine amount as imposed by the trial court.

The learned trial Court shall keep the record of attendance of

the accused-appellants in a separate file. Such file be registered

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

accused-appellants were tried and convicted. A copy of this order

shall also be placed in that file for ready reference. Criminal Misc.

[2023:RJ-JD:41670] (3 of 3) [CRLAS-2501/2023]

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-appellants do 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 2-raksha/-

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