Rajasthan High Court - Jodhpur
Pappu Das @ Shanti Das vs State Of Rajasthan on 9 January, 2023
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. IInd Suspension Of Sentence Application
(Appeal) No. 933/2022
Pappu Das @ Shanti Das S/o Narain Das Vasihnav, Aged About
35 Years, B/c Vaishnav, R/o Jagat , Kurabad Police Station,
Udaipur, District Udaipur. (Lodged In Central Jail, Udaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Bherulal S/o Shankar Lal, R/o Suro Ka Guda, Police
Station Kurabad, Tehsil Girwa, District Udaipur.
----Respondents
For Petitioner(s) : Mr. J.V.S. Deora
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/01/2023
1. Learned counsel for the applicant-appellant has drawn
attention of this Court towards Ex.-D1 from the record. Learned
counsel also submits that the applicant-appellant has undergone a
custody period of about seven years.
2. Learned Public Prosecutor opposes the suspension of
sentence application.
3. Heard learned counsel for the parties.
4. Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced at the Bar, this
Court is of the opinion that the bail application for suspension of
sentence filed by the petitioner deserves to be accepted.
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5. Accordingly, this S.B. Suspension of Sentence Application
(Appeal) filed under Sec.389 Cr.P.C. is allowed and it is ordered
that the substantive sentence passed by the trial court vide
judgment dated 13.08.2019 in Sessions Case No.02/2018 against
appellant -Pappu Das @ Shanti Das S/o Narain Das Vasihnav
shall remain suspended till final disposal of the aforesaid appeal,
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 his appearance in this court on 13.02.2023
and whenever ordered to do so, till the disposal of the appeal on
the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellant changes the place of
residence, he will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
6. The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant was 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-appellant does not appear before the trial court, the
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learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
368-nirmala/-
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