Hansa @ Hansraj @ Harbansh Singh vs State Of Rajasthan (2023:Rj-Jd:41941)
2023 Latest Caselaw 10393 Raj

Rajasthan High Court - Jodhpur

Hansa @ Hansraj @ Harbansh Singh vs State Of Rajasthan (2023:Rj-Jd:41941) on 4 December, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:41941]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 2132/2023

Hansa @ Hansraj @ Harbansh Singh S/o Sh. Khajansingh, Aged
About 37 Years, R/o Ward No. 12 (Old Ward No. 8) Sector No. 12
Hanumangarh          Jn.   Now        Presently        Lodged       In     Dist.   Jail
Hanumangarh
                                                                         ----Appellant
                                      Versus
1.       State Of Rajasthan, Through Pp
2.       Manjeet Singh S/o Sh. Kela Singh, R/o Jandawali Ps
         Sadar Hanumangarh Jn.
                                                                   ----Respondents


For Appellant(s)            :     Mr. VK Bhadu
For Respondent(s)           :     Mr. Aneesh Bhurat, PP assisted by Mr.
                                  CP Marwan



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

04/12/2023

Heard.

Admit.

Learned Public Prosecutor accepts notice on behalf of

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

within a period of eight weeks.

Heard on suspension of sentence application No.1283/2023.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the facts that appellant is behind the bars

since 17.07.2018 and hearing of the appeal is likely to take a long

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

suspending the sentence awarded to the appellant.

[2023:RJ-JD:41941] (2 of 3) [CRLAS-2132/2023]

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 Additional Sessions Judge No.2,

Hanumangarh vide judgment dated 16.09.2023 in Criminal

Sessions Case No.97/2018 against the appellant Hansa @ Hansraj

@ Harbansh Singh S/o Sh. Khajansingh, 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

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 05.01.2024 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, 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.

4. The appellant 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-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

[2023:RJ-JD:41941] (3 of 3) [CRLAS-2132/2023]

accused-appellant 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 2-raksha/-

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