United India Insurance Co. Ltd vs Pooran Devi
2023 Latest Caselaw 1026 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 109/2023

1. Gurjant Singh S/o Gura Singh, Aged About 47 Years, R/o Vill. Gillgaon Ps Bagha Dist. Moga Punjab

2. Angrej Singh S/o Mukhtyar Singh, Aged About 51 Years, R/o Vill. Gillgaon Ps Bagha Dist. Moga Punjab

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

----Respondent

For Appellant(s) : Mr. DS Gharsana For Respondent(s) : Mr. Abhishek Purohit, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

25/01/2023

Heard.

Admit. No need to issue notice as the respondent-State is being

represented by learned Public Prosecutor.

Call for the record.

Heard learned counsel for the appellants and learned public

prosecutor on application of suspension of sentence No.69/2023.

Learned counsel for the appellant submits that the accused-

appellants were on bail during trial and the learned trial court has

already suspended the sentence of the accused-appellants and the

disposal of the present appeal will take time. Therefore, learned

counsel for the appellants submits that the sentence awarded to the

accused-appellants may be suspended.

(2 of 3) [CRLAS-109/2023]

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 Sessions Judge, Bikaner, vide judgment dated

12.1.2023 in Sessions Case No. 202/2018 against the appellant-

applicants (1) Gurjant Singh S/o Gura Singh and (2) Angrej Singh

S/o Mukhtyar Singh shall remain suspended till final disposal of the

aforesaid appeal and they shall be released on bail, provided they

execute personal bonds 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 24.2.2023 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-

(3 of 3) [CRLAS-109/2023]

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 247-CPGoyal/-

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