Citation : 2023 Latest Caselaw 1797 Raj
Judgement Date : 16 February, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 207/2023
Mandeep Singh @ Sandeep Singh S/o Sh. Hakam Singh, Aged About 24 Years, Kharliya Reserve Center, Pilibanga, Dist. Hanumangarh (Raj.). (At Present Not Confined In Jail).
----Appellant Versus State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Shardul Singh For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order
16/02/2023
Heard.
Admit.
Call for record.
Heard learned counsel for the appellants and learned public prosecutor on application of suspension of sentence No.135/2023.
Upon a consideration of the arguments advanced on behalf
of the petitioner 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 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
sentences passed by the learned Addl. Sessions Judge No.1,
Hanumangarh vide judgment dated 20.01.2023 in Sessions Case
No.38/2021 (73/2019) against the appellant-applicant Mandeep
(2 of 2) [CRLAS-207/2023]
Singh @ Sandeep Singh S/o Sh. Hakam 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 16.03.2023 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
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.
(RAJENDRA PRAKASH SONI),J 130-Anshul/-
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