Rajasthan High Court - Jodhpur
Bhoopram @ Bhoopraj vs State Of Rajasthan on 30 January, 2023
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 125/2023
Bhoopram @ Bhoopraj S/o Ramjas, Aged About 54 Years, R/o
Nihalpura, P.s. Pilibanga, Teh. And Dist. Hanumangarh.
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Rajinder S/o Chetram, R/o Nihalpura Teh. Pilibanga, Dist.
Hanumangarh.
----Respondents
For Appellant(s) : Mr. Jeetender Singh Khichi
For Respondent(s) : Mohd. Javed Gouri, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
30/01/2023
Heard.
Admit.
Call for record.
Issue notice to the respondent No.2. 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.75/2023.
Learned counsel for the appellant-applicant submits that the
learned Trial Court has already suspended the sentence of the
appellant for a period of one month. 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
(2 of 3) [CRLAS-125/2023]
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
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 Special Judge, SC/ST Act Cases
District Hanumangarh, vide judgment dated 16.01.2023 in
Sessions Case No.28/2016 against the appellant-applicant-
Bhoopram @ Bhoopraj S/o Ramjas 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.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for their appearance in this
Court on 27.02.2023 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
(3 of 3) [CRLAS-125/2023]
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
126-neha/-
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