Taula Ram vs State Of Rajasthan
2023 Latest Caselaw 1381 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 81/2023

1. Taula Ram S/o Chimna Ram, Aged About 38 Years, Pali-

wala, P.s. Suratgarh, Dist. Sri Ganganagar. (At Present Lodged At Sub Jail, Suratgarh).

2. Sonu S/o Chhotu Ram, Aged About 35 Years, Paliwala, P.s. Suratgarh, Dist. Sri Ganganagar. (At Present Lodged At Sub Jail, Suratgarh).

3. Pala Ram @ Satpal S/o Om Prakash, Aged About 33 Years, Paliwala, P.s. Suratgarh, Dist. Sri Ganganagar. (At Present Lodged At Sub Jail, Suratgarh).

4. Kumbha Ram S/o Chhotu Ram, Aged About 34 Years, Paliwala, P.s. Suratgarh, Dist. Sri Ganganagar. (At Present Lodged At Sub Jail, Suratgarh).

                                                                    ----Appellants
                                       Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Appellant(s)            :    Mr. Mohan Lal
For Respondent(s)           :    Mohd. Javed Gouri, 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 appellants and learned Public

Prosecutor on application for suspension of sentence No.50/2023.

Learned counsel for the appellant-applicants submits that

appellants were on bail during trial. Therefore, learned counsel for

the appellants prays that the sentence awarded to the

(2 of 3) [CRLAS-81/2023]

accused-appellants may be suspended.

Learned Public Prosecutor vehemently opposed the prayer

made by the learned counsel for the accused-appellants.

Upon a consideration of the arguments advanced on behalf

of the appellants and having regard to the facts and circumstances

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

suspending the sentence awarded to the accused-appellants.

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,

Suratgarh, District-Sri Ganganagar, vide judgment dated

21.12.2022 in Sessions Case No.07/2014 against the

appellants-applicants- (1) Taula Ram S/o Chimna Ram (2)

Sonu S/o Chhotu Ram (3) Pala Ram @ Satpal S/o Om

Prakash (4) Kumbha Ram S/o Chhotu Ram shall remain

suspended till final disposal of the aforesaid appeal and he shall be

released on bail, provided they execute a personal bond in the

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

satisfaction of the learned trial Judge for their 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.

(3 of 3) [CRLAS-81/2023]

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.

(MADAN GOPAL VYAS),J 88-neha/-

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