Kalu Ram @ Jagdish vs State Of Rajasthan
2023 Latest Caselaw 740 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1198/2022

Kalu Ram @ Jagdish S/o Mangat Ram @ Manga Ram, Aged About 37 Years, B/c Bhat, R/o Sukhchain, Police Station Bahav Wala, District Fazilka (Punjab) (At Present Lodged In Central Jail, Bikaner)

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

----Respondent

For Petitioner(s) : Mr. Devendra Mahalana Mr. Om Singh Chauhan For Respondent(s) : Mr. A. R. Choudhary, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

19/01/2023 Heard learned counsel for the appellant and learned Public

Prosecutor on application for suspension of sentence.

Learned counsel for the appellant-applicant submits that the

the appellant is behind bars since long and disposal of this case

will take time. Therefore, learned counsel for the appellant pray

that the sentence awarded to the accused-appellant may be

suspended.

Learned Public Prosecutor vehemently opposed the prayer

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

(2 of 3) [SOSA-1198/2022]

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

sentence passed by the learned Additional Sessions Judge,

Sangaria District Hanumangarh, vide judgment dated 25.03.2021

in Sessions Case No.18/2017 against the appellant-applicant Kalu

Ram @ Jagdish S/o Mangat Ram @ Manga Ram 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.1,00,000/- with two sureties of Rs.50,000/- each to the

satisfaction of the learned trial Judge for his 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.

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

(3 of 3) [SOSA-1198/2022]

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 100-nidhi/-

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