Rajasthan High Court - Jodhpur
Devilal vs State Of Rajasthan on 17 January, 2023
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 78/2023
1. Devilal S/o Girdhari Lal, Aged About 45 Years, Mahudiya,
P.s. Chhoti Sadri, Dist. Pratapgarh, Raj.
2. Gopal S/o Unkar Lal, Aged About 34 Years, Mahudiya, P.s.
Chhoti Sadri, Dist. Pratapgarh, Raj.
3. Satish S/o Bhanwar Lal, Aged About 30 Years, Mahudiya,
P.s. Chhoti Sadri, Dist. Pratapgarh, Raj.
4. Mohanlal S/o Girdhari Lal, Aged About 50 Years, Mahudiya,
P.s. Chhoti Sadri, Dist. Pratapgarh, Raj.
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Neeraj Kumar Gurjar
For Respondent(s) : Mr. Anees Bhurat, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
17/01/2023
Heard.
Admit.
Call for record.
Issue notice to the respondent. Learned Public Prosecutor
accepts notice on behalf of State.
Heard learned counsel for the appellants and learned Public
Prosecutor on application for suspension of sentence.
Learned counsel for the appellants-applicants submit that the
learned Trial Court has already suspended the sentence of the
appellants. Therefore, learned counsel for the appellants pray
that the sentence awarded to the accused-appellants may be
(2 of 3) [CRLAS-78/2023]
suspended.
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 Special Judge, SC/ST Act Cases
District Pratapgarh, vide judgment dated 19.12.2022 in Special
Sessions Case No.02/2016 against the appellants-applicants
(1)Devilal S/o Girdhari Lal (2) Gopal S/o Unkar Lal (3)
Satish S/o Bhanwar Lal (4) Mohanlal S/o Girdhari Lal shall
remain suspended till final disposal of the aforesaid appeal and
they shall be released on bail, provided they execute a personal
bond in the sum of Rs.50,000/- each with two sureties of
Rs.25,000/- to the satisfaction of the learned trial Judge for their
appearance in this Court on 20.02.2023 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.
(3 of 3) [CRLAS-78/2023]
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.
(MADAN GOPAL VYAS),J
7-neha/-
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