Rajasthan High Court - Jodhpur
Kishan Lal vs State Of Rajasthan on 4 February, 2023
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 54/2023
Kishan Lal S/o Shri Amar Singh, Aged About 26 Years, R/o 22
Ntr, Ps - Gogamedi, District Hanumangarh, Rajasthan. (Presently
Lodged In Jail, Nohar)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Vinod Kumar Sihag
For Respondent(s) : Mohd. Anees Bhurat, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
04/02/2023
Heard.
Admit.
Learned Public Prosecutor accepts notice on behalf of State.
Heard learned counsel for the appellant and learned Public
Prosecutor on application for suspension of sentence No.38/2023.
Learned counsel for the appellant-applicant submits that
there is no other case pending against the appellant and he is
behind bars since long. Therefore, learned counsel for the
appellant prays that the sentence awarded to the
accused-appellant may be suspended.
Learned Public Prosecutor vehemently opposed the prayer
made by the learned counsel for the accused-appellant.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
(2 of 3) [CRLAS-54/2023]
of the case, this Court is of the opinion that it is a fit case for
suspending the 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
sentences passed by the learned Additional Session Judge No.2,
Nohar, Hanumangarh, vide judgment dated 03.01.2023 in Session
Case No.16/2021 against the appellant-applicant- Kishan Lal S/o
Shri Amar Singh shall remain suspended till final disposal of the
aforesaid appeal and he shall 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 03.03.2023 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.
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
(3 of 3) [CRLAS-54/2023]
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.
(MADAN GOPAL VYAS),J
4-neha/-
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