Rajasthan High Court - Jodhpur
Pannalal @ Prakash vs State Of Rajasthan on 9 January, 2023
Bench: Vijay Bishnoi, Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Appeal No. 7/2023
Pannalal @ Prakash S/o Shri Varda Bhil, Aged About 30 Years,
R/o Sanwad P.S. Rajnagar District Rajsamand
(At Present Lodged At District Jail Rajsamand)
----Appellant
Versus
The State of Rajasthan through P.P.
----Respondent
For Appellant(s) : Mr. Jaipal Singh
For Respondent(s) : Mr. R.R. Chhaparwal, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
09/01/2023
The matter comes up for consideration of the application (IA
No.1/2022 dated 20.12.2022) preferred on behalf of the appellant
under Section 5 of the Limitation Act with a prayer for condoning
the delay of 66 days in filing the present appeal.
Learned Public Prosecutor has not seriously opposed the
application (IA No.1/2022 dated 20.12.2022) preferred by the
appellant under Section 5 of the Limitation Act.
Having heard learned counsel for the parties and perused the
averments made in the application (IA No.01/2022 dated
20.12.2022), we deem it appropriate to allow the same.
Let the application (IA No.01/2022 dated 20.12.2022)
preferred by the appellant under Section 5 of the Limitation Act is
(2 of 4) [CRLAD-7/2023]
allowed. The delay of 66 days in filing the present appeal is hereby
condoned.
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
respondent-State. Hence, notice need not be issued.
As the record is being summoned in D.B. Criminal Appeal
No.123/2022 (Narayan @ Parbhu Bhil & Ors. Vs. State of
Rajasthan), the present appeal be tagged along with the above
referred appeal.
Heard learned counsel for the parties on D.B. Suspension
of Sentence (Appeal) No.14/2023.
Learned counsel for the appellant has submitted that the
sentence of the other co-accused persons viz. Narayan @ Parbhu
Bhil, Shanker Bhil, Roshan Bhil, Raku @ Rukmani and Leela Bhil
have already been suspended by this Court on 14.12.2022 in D.B.
Criminal Misc. SOS Application No.785/2022 (Narayan @ Parbhu
Bhil & Ors. Vs. State of Rajasthan) and the case of the appellant is
not distinguishable from that of co-accused persons.
Learned Public Prosecutor prays for some time to file reply to
D.B. Suspension of Sentence (Appeal) No.14/2023, however,
he is not in a position to dispute the fact that the sentence of the
other co-accused persons viz. Narayan @ Parbhu Bhil, Shanker
Bhil, Roshan Bhil, Raku @ Rukmani and Leela Bhil have already
been suspended and the case of the appellant is not
distinguishable from that of co-accused persons.
(3 of 4) [CRLAD-7/2023]
Having considered the totality of facts and circumstances of
the case, we consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, D.B. Suspension of Sentence (Appeal)
No.14/2023 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 16.08.2022 in Sessions Case No.15/2018
against appellant - Pannalal @ Prakash S/o Shri Varda Bhil 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 08.02.2022
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.
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
(4 of 4) [CRLAD-7/2023]
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
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J
Abhishek Kumar
S.No.50
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